Draft Institutional Framework Agreement

For example, ongoing negotiations on the electricity agreement and in the areas of public health and food security can be expected to be halted. In addition, in addition to the non-recognition of the equivalence of the Swiss stock exchange, the EU could respond with other retaliatory measures such as Switzerland`s exclusion from the continuation of the EU`s Horizon 2021 research programme. Finally, there is no legal link with Brexit, but there are parallels, because the withdrawal agreement also contains institutional rules. Thus, the dispute settlement model is broadly similar to that of the draft Swiss-EU institutional agreement. In addition, after the transition period, the EU will soon have to start negotiations on legal relations with the UK as part of the withdrawal agreement. From his point of view, it would be good if the institutional agreement between the EU and Switzerland were to depart between now and then. Whether this will be possible, however, will depend to a large extent on the measures that the Swiss federal government will take in the current complex situation, where a wide range of issues have been linked. "Overall, a majority is aware of this framework agreement with the EU, but has failed to strengthen its profile over the past year," write the authors of the study by the polling institute gfs.bern. The framework agreement, a cornerstone of relations with the EU, is part of the potential framework agreement between Switzerland and the EU, which will replace the 120 existing bilateral agreements, which would link Switzerland more closely with the EU. Recently, the European Commission announced that without the institutional agreement, it would no longer be willing to update the agreements according to the practice of the parties in recent years. Among other things, the Agreement on Mutual Recognition in Compliance Assessment (MRA) has been updated very regularly to incorporate new EU technical rules, even though there is no legal obligation to do so under the current system. The next update is for medical devices. While part of the new EU regulation 2017/745 has already been included in the AMR, much of it is still missing.

In the EU, this part will apply from 26 May 2020. The EU has said it is not prepared to approve an update decision in the Joint Committee. At the same time, it argues that without this update, the entire chapter on mutual recognition of compliance assessments could no longer be applied. The author considers this to be a flagrant violation of Article 27 of the Wiener Convention, which states that a party cannot rely on the provisions of its domestic law to justify its non-compliance with a contract. On the other hand, the signing of the institutional agreement in its current draft is advocated by the Swiss Green Liberal Party and in science by the retired law professor, Thomas Cottier.

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