Schweiz integration på den inre marknaden. En undersökning av Schweiz övertagande av acquin.

Abstract

Standing outside the EU and the EES, Switzerland is a unique state characterized by federalism, direct democracy and neutrality. Though always focused on preserving these features and its sovereignty, Switzerland has managed to gain access to some sectors of the single market through bilateral agreements with the EU. The purpose of this thesis is to examine what level of integration Switzerland has reached in those bilaterally regulated sectors of the single market. As integration cannot easily be assessed, the extent of the Swiss adoption of the acquis is seen as an indicator of the level of integration and is thus examined. The conclusion is that Switzerland, mostly due to the economic interest of common rules, but partly due to pressure from the EU, almost completely adopts the acquis in the bilaterally regulated sectors, including the interpretation of the ECJ. Still, the absence of an independent surveillance and judicial enforcement mechanism at times prevents a homogenous application by both contracting parties. A secondary question deals with those special EU and Swiss interests that have been accounted for within the framework of the agreements. As for Switzerland, the preservation of its sovereignty has a high priority and it permanently stresses the non-automatism of its adoption of the acquis, but in fact the Swiss sovereignty is being undermined due to its rather modest participation in the legislative procedure.