As part of its new, wide-reaching agreements with the European Union, the Swiss government is set to be given the power to limit migration from the EU under certain circumstances. Here’s what you need to know about the so-called “safeguard clause” and how it would change migration to Switzerland.
At a press conference on May 14, Federal Councillor Beat Jans (SP) revealed how the government intends to use the safeguard clause agreed as part of the latest deal with the EU. This agreement, concluded at the end of last year, allows Switzerland to suspend the free movement of people between it and the EU, and temporarily restrict the number of residence permits being issued to immigrants from the bloc, similar to the system in place for citizens from outside the EU and EFTA.
"The safeguard clause is something like the last line of defence…[a] fire extinguisher on the wall," Jans told reporters. He noted that the law would allow Switzerland to impose quotas on the number of EU and EFTA citizens who are able to migrate for any reason, be it to fill jobs or reunite with families.
Under the system agreed with the EU, Switzerland would be allowed to impose a quota if net immigration, the number of cross-border workers, unemployment or claims for social assistance “rise to problematic levels”. In future, the Federal Council also hopes to use shortages in the housing market and overloaded transport as justifications to activate the clause.
Speaking to reporters, Vincenzo Mascioli from the State Secretariat for Migration explained that the government would decide what “problematic levels” mean. However, he did give several examples of when the safeguard clause would be triggered. When it comes to immigration, a 0,74 percent increase in the permanent population of Switzerland would trigger a review of the clause by the government.
This would also be done if the number of cross-border workers increased by 0,34 percent a year. For social assistance, the safeguard clause would be considered if rates of unemployment increased by 30 percent in a year, or the number of people claiming emergency benefits rose by 12 percent.
When asked how often the safeguard clause would be triggered, Mascioli noted that, had it existed previously, Switzerland could have imposed quotas eight times since 2002. This is due to spikes in unemployment in 2002, 2003, 2009 and 2020, large increases in net migration in 2008 and 2013 and increases in cross-border workers in 2011 and 2022.
If the safeguard clause is triggered, the Federal Council will try to adopt measures that adhere to the free movement of people. However, the government is also allowed to introduce strict limits on new arrivals from the EU and quotas for cross-border workers, if needed. In addition, both federal authorities and Swiss cantons can ask to trigger the clause.
However, Jans noted that a huge amount of consultation would take place before taking action. "I'll be honest…triggering this safeguard clause will never be easy because we benefit from the free movement of people," he noted, adding that Switzerland will still rely on EU migrants for many years to come.
As to what the EU can do, any request to trigger the safeguard clause is sent to a joint committee of EU and Swiss officials. Though their assent is not mandatory, if the committee agrees, the EU may only place immigration quotas on Swiss citizens in response. If they refuse and Switzerland goes ahead, the EU can take various economic and immigration-related measures.
Like the rest of Switzerland’s new agreement with the EU, the reaction in parliament has been mixed. As a whole, the plan has been welcomed by the Green Liberal and Social Democratic Parties and the Centre Party, with the latter calling it an “important step”. However, the Centre Party warned that tougher measures were needed if the heavily restrictive No 10 Million Switzerland! referendum from the Swiss People’s Party (SVP) is to be defeated at the ballot box.
FDP. The Liberals said it was good that the government were balancing the benefits expats provide to the country with local concerns about migration. On the other hand, the Green Party rejected the proposal on the grounds that no one with Switzerland’s economic and diplomatic interests in mind would ever trigger the clause.
However, the biggest resistance will come from the SVP, who called the safeguard clause “lies and deception” designed to scupper their referendum. The party has committed to fighting against the agreement with the EU ever since it was first announced.
For now, the agreement between Switzerland and the EU will be sent to parliament for consultation. Though it is yet to be decided, the new treaty will be subject to one or more referendums before it is made law. Time will tell if the Federal Council can garner enough public support for the proposal.
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