Switzerland s Differentiated European Integration The Last Gallic Village

by Sabine Jenni

Switzerland s Differentiated European Integration The Last Gallic Village This book analyses Switzerlands European policies using the concept of differentiated European integration providing a new and original perspective on the country This analytical approach focuses on the similarities between Switzerland s EU policies and the integration of EU member states The latter have often been the focus of research as Switzerland is the last Western European country not to have become a member of the European Union EU or the European Economic Area EEA The book claim

Publisher : Palgrave Macmillan

Author : Sabine Jenni

ISBN : 9783319336831

Year : 2016

Language: en

File Size : 2.81 MB

Category : Politics Social Sciences

Switzerland’s
Differentiated
European
Integration
THE LAST GALLIC VILLAGE?
SABINE JENNI

Switzerland’s Differentiated European Integration

Sabine Jenni

Switzerland’s
Differentiated
European Integration
The Last Gallic Village?

Sabine Jenni
ETH Zurich
Zurich, Switzerland

ISBN 978-3-319-33683-1
ISBN 978-3-319-33684-8
DOI 10.1007/978-3-319-33684-8

(eBook)

Library of Congress Control Number: 2016940528
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PREFACE

The European policy of Switzerland is a subject which has been hotly
debated in Switzerland for many years and which became salient again
since the Swiss voters approved a popular initiative in February 2014,
the implementation of which potentially violates the free-movementof-persons principle. The difficult relationship between Switzerland and
the European Union (EU), which is the result not only of this initiative, but also of the EU’s request to give the relationship an institutional
roof, is a good reason to look back on how this relationship developed.
This book provides new evidence about this relationship. Its cornerstone is an empirical dataset, which measures the integration quality of
Switzerland’s European policies. This book also provides a fresh view on
this old topic, because it analyses Swiss European policies from the point
of view of European integration and namely the concept of differentiated
integration.
The concept of differentiated integration to Switzerland was chosen
not for normative but for analytical reasons. Applying this concept reveals
unusual insights, because scholars often have stressed Swiss peculiarities
rather than similarities between Swiss European policies and European
integration in general. The reason is that while most Western European
countries have participated in building the European Union, which is the
most developed regional integration project in the world, Switzerland
still regulates its ties with neighbours by means of international treaties
and occasionally incorporating rules originating in the EU into domestic
legislation. In contrast to its neighbours, Switzerland neither delegated
legislative nor judicial competences to intergovernmental or supranational
v

vi

PREFACE

authorities. Despite this special situation, the instruments of Swiss
European policies show similarities to the European integration of the
EU member states. Sectoral agreements of outsiders with the EU as well
as the incorporation of EU rules into domestic legislation have historical
predecessors. Moreover, Switzerland’s European policies rely heavily on
EU law, which builds the core of European integration.
Is it thus justified to call Switzerland the last Gallic village in Western
Europe? The book shows that Switzerland’s differentiated integration
can be explained by theories normally applied to EU member states.
Switzerland is a Gallic village which largely adopted the Roman way of
organising one’s life. I hope that the detailed empirical analyses in this
book help to put the discussions about Switzerland’s place in Europe on
a firmer ground. Not only will we, the Swiss voters, have to decide in the
near future on the further development of our relationship with the EU;
the EU will have to cope with the challenge to reconcile the principle of
an ever-closer union with the reality of democratic opposition and differentiated integration.
Sabine Jenni
Zurich, Switzerland

ACKNOWLEDGMENTS

This book is the result of the research I conducted as a PhD student at
the ETH in Zurich and as a visiting student at the European University
Institute (EUI) in Florence. I wish to thank my PhD supervisor, Prof Dr
Frank Schimmelfennig, for the opportunity to be a member of his research
group and for his support. I wish to thank my second supervisors, Prof
Dr Pascal Sciarini and Prof Dr Sandra Lavenex, for agreeing to be PhD
committee members and I wish to thank Prof Dr Hanspeter Kriesi for the
invitation to the EUI. The valuable and detailed comments by all of you
helped me to transform my thesis into this book.
My position at ETH Zurich was part of the research project
“Differentiated Integration in the European Union”, co-directed by
Prof Dr Frank Schimmelfennig and Prof Dr Katharina Holzinger and
co-funded by the Swiss National Science Foundation (SNSF) and the
German Research Association (DFG). My stay at the EUI was funded by a
doc.mobility scholarship of the SNSF. Without this funding, my research
would not have been possible.
Many colleagues and friends supported me at various stages of my
work. I wish to thank Dr Rebecca Welge, Dr Edina Scözsik and Dr Céline
Colombo for so many advices, I wish to thank Dr Roy Gava and Christian
Frommelt for the discussions about coding Swiss law-making and research
on external differentiated integration and I wish to thank Dr des Edith
Siegenthaler, Gretchen Blegen and Peter Walton for their feedback on my
writing. Of course, all errors remain my sole responsibility.

vii

CONTENTS

1 Introduction

1
43

2

Measuring Switzerland’s Differentiated Integration

3

Institutional Dynamics of Switzerland’s Differentiated
Integration

105

Political Dynamics of Switzerland’s Differentiated
Integration

163

4

5 Conclusion

249

Index

295

ix

LIST

OF

ABBREVIATIONS

AS

Official Collection of Federal Legislation (Amtliche Sammlung des
Bundesrechts)
BBl
Federal Journal (Bundesblatt)
CFSP Common Foreign and Security Policy
CVP
Christian Democratic People’s Party (Christlichdemokratische
Volkspartei)
DAA
Dublin Association Agreement
EC
European Community
ECB
European Central Bank
ECJ
European Court of Justice
ECSA European Coal and Steel Agreement
EEA
European Economic Area
EEC
European Economic Communities
EFTA European Free Trade Association
EMU Economic and Monetary Union
ENP
European Neighbourhood Policy
EU
European Union
FDP
Liberal Party (Freisinnig-Demokratische Partei)
FMPA Freedom of Movement of Persons Agreements
FTA
Free Trade Agreement
GDP
Gross Domestic Product
JHA
Justice and Home Affairs
MRCA Agreement on Mutual Recognition in Relation to Conformity
Assessment
OECD Organisation for Economic Cooperation and Development
OMC Open Method of Coordination
OSCE Organization for Security and Cooperation in Europe
xi

xii

LIST OF ABBREVIATIONS

QMV
SAA
SIS
SP
SR
SVP
UK
WEU
WHO
WTO

Qualified Majority Voting
Schengen Association Agreement
Schengen Information System
Social Democratic Party (Sozialdemokratische Partei der Schweiz)
Classified Compilation of Federal Legislation (Systematische Sammlung
des Bundesrechts)
Swiss Peoples Party (Schweizerische Volkspartei)
United Kingdom
Western European Union
World Health Organisation
World Trade Organisation

LIST

Fig. 2.1
Fig. 2.2
Fig. 2.3
Fig. 2.4
Fig. 2.5
Fig. 2.6
Fig. 3.1
Fig. 4.1
Fig. 4.2
Fig. 4.3
Fig. 4.4
Fig. 4.5
Fig. 4.6

OF

FIGURES

Number of reforms (adoptions and revisions) per sectoral
agreement 1990–2010
Number of reforms (adoptions and revisions) per federal
law 1990–2010
Substantive quality of extensions of EU rules, number
of reforms per year
Legal quality of extensions of EU rules, number of
reforms per year
Substantive quality of extensions of EU rules over
policy fields
Legal quality of extensions of EU rules over policy field
Predicted probabilities of revisions for agreements with
and without initial references to EU law
Sectoral agreements and indicators of economic development
over time
EU rules in domestic legislation and indicators of economic
development over time
Sectoral agreement reforms and EU policy scope
Federal law reforms, EU rule incorporation, and EU
policy scope
Sectoral agreement reforms, party positions, and issue salience
EU rules in domestic legislation, party positions, and issue
salience

69
71
72
74
76
77
132
199
200
202
202
210
211

xiii

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