This week, the Federal Council unveiled criteria that could allow Switzerland to temporarily limit the free movement of persons from the European Union and EFTA countries, reported RTS. The work follows the newly negotiated safeguard clause, part of the broader framework governing Swiss–EU bilateral relations.
Under the plan, the government will monitor a set of national indicators—including immigration levels, the number of cross-border workers, unemployment rates, and recourse to social assistance. If these indicators surpass predefined thresholds, the Federal Council will be required to assess whether the safeguard clause should be triggered. Other metrics, such as pressure on housing, transport, and social security systems, will also inform the assessment.
Cantons experiencing acute labour or social strains will be permitted to request regional applications of the clause. In such cases, the Federal Council may introduce protective measures specific to those regions.
Justice Minister Beat Jans described the safeguard clause as an emergency brake that can be used without jeopardising the bilateral accords with the EU. The clause, he argued, represents a policy improvement over the existing framework and is like a fire extinguisher to be used when necessary.
The Federal Council continues to view free movement as a net benefit. It provides Switzerland with access to skilled labour and the European market, Jans said. However, he acknowledged the need to mitigate potential strains through well calibrated restrictions.
Precise thresholds for triggering the clause will be determined during a consultation process scheduled to begin in June. These will be calculated at the national level, said Vincenzo Mascioli, from the State Secretary for Migration (SEM). Social partners and cantonal authorities will also be consulted. The government insists that any difficulty prompting restrictions must be clearly and demonstrably linked to immigration from the EU.
Should Switzerland wish to invoke the clause, it must first submit a request to the Joint Committee overseeing the Agreement on the Free Movement of Persons. If approved, protective measures would be codified in the Federal Act on Foreign Nationals, potentially including immigration caps, employment preferences for residents, or restrictions on residency rights for jobseekers and the unemployed.
If no agreement is reached by the Joint Committee, the matter may be referred to the Arbitration Court. Should the court find that immigration is causing serious disruption, Switzerland would be authorised to implement the proposed measures. In such cases, the EU may adopt rebalancing measures, though only within the domain of free movement.
Switzerland also reserves the right to act unilaterally, even if the arbitration panel does not endorse the intervention. In response, the EU could initiate arbitration and, if it prevails, impose countermeasures affecting other internal market agreements.
The Federal Council insists that the purpose of the clause is not to undermine mobility, but to ensure that labour-market-driven immigration remains the norm. While Switzerland will adopt the EU Citizens’ Rights Directive, it has negotiated exceptions and safeguards—including the power to deny residency to individuals deemed reliant on Swiss welfare or likely to undercut wages.
In addition, permanent residency will be limited to EU citizens who have been gainfully employed for five consecutive years. Switzerland also retains the right to expel foreign nationals convicted of crimes, in line with domestic law. EU citizens who are unemployed may also be required to leave, under certain conditions.
The safeguard clause was first announced in December 2024 as part of a broader negotiated package with Brussels. It complements existing domestic measures designed to protect wage levels and ensure fair labour practices.
The legal and policy framework for implementing the clause at the national level will be included in a legislative package slated for public consultation in June 2025. The final proposal is expected to be submitted to Parliament in spring 2026.
More on this:
SRF article (in German)
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