It took the new voices of autonomiesuisse and Allianz Kompass/Europa, fledgling organisations from business circles, to finally get things moving in the messed-up debate on the framework agreement. This is a refreshing development, which in this issue, which is so important for the future of Switzerland, is outpacing the sluggish political parties and business associations such as economiesuisse. The supportive voices of Council of States member Thierry Burkart as well as SBG President and National Council member Pierre-Yves Maillard are gratifying. This development seems to have opened a new chapter in our direct democracy giving hope for the political future and debate culture of Switzerland. Anyone who still remembers the debate on the EEA knows that at that time the worrying (and) questionable restrictions placed on institutional achievements determined popular opinion against the EEA; this is no different today with the framework agreement. This is the only way to guarantee the continuation of the bilateral path, which was, incidentally, the logical consequence of the EEA’s rejection, because the embrace of the framework agreement, which is also poorly drafted, would fatally restrict contractual freedom in the further development of the bilateral path. The further development of the bilateral route therefore does not require a framework agreement in the future, as it has in the past. It was important that former Federal Councillor Schneider-Ammann had the surprising courage to publicly address the sovereignty issue. One of the most important pillars of sovereignty of a sovereign state is undeniably its independent jurisdiction. This is to be sacrificed by the framework agreement with the dynamic adoption of law, coupled with the dominant role of the European Court of Justice (ECJ), which must be resolutely opposed. It would be a disgrace for the Swiss judiciary to know that the ECJ is looking over its shoulder and would have a right of veto. Not so!
Hans-Jacob Heitz, Advocate & former judge at the Swiss Federal Administrative Court, Männedorf (Switzerland)
(Translation Current Concerns)
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