The Policy of Autonomous Adaptation of Swiss Law to EU Law

Matthias Oesch; Mattia Brugger

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Chapter 1 The Policy of Autonomous Adaptation of Swiss Law to EU Law

In: Switzerland and the EU

Authors:

Matthias Oesch

Matthias Oesch
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Mattia Brugger

Mattia Brugger
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Type:: Chapter

Pages:: 35–67

DOI:: https://doi.org/10.1163/9789004529984_003

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Abstract

Swiss law has always been influenced by foreign legal systems. With respect to EU law, the following two modes of influence stand at the forefront. First, Switzerland has entered into a variety of treaties with the EU which oblige it to adjust particular areas of its national law to the law of the EU. Second, Switzerland also regularly adopts EU law where there are no obligations under treaty law to do so. Swiss law is aligned with EU law, in a concept which in Switzerland often is referred to as “autonomous adaptation” or, in a more colloquial manner, “EU compatibility”. From the 1980s onwards, the minimisation of economic disadvantages, factual (inter-)dependencies in other areas, and sometimes sheer convenience have led to Swiss law being systematically modelled on EU law. Hence, the “Brussels effect” is also at work in Switzerland, and this is to a very considerable extent. The book chapter analyses the policy of autonomous adoption of EU law in Switzerland. It provides typical examples and discusses the impact on the law making-techniques in Switzerland. It examines three special cases in which Switzerland realistically has no other choice than to align Swiss law to EU law, namely the areas of data protection law, financial market law and COVID-19-related matters. It explains why the Cassis de Dijon principle, which Switzerland unilaterally introduced in 2010 for products originating in the EEA, goes beyond the classical elements of the policy of autonomous adaptation. Lastly, a special focus lies on the ongoing project of autonomously reviewing Swiss legislation in the ambit of the bilateral agreements; this is a project initiated by the Swiss Federal Government, following the termination of the negotiations with the EU regarding an Institutional Agreement in spring 2021.

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Switzerland and the EU

A Challenging Relationship

Series: Studies in EU External Relations, Volume: 20

E-Book ISBN:: 9789004529984

Publisher:: Brill | Nijhoff

Print Publication Date:: 01 Mar 2023

Subjects
- International Law

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Chapter 1 The Policy of Autonomous Adaptation of Swiss Law to EU Law

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Switzerland and the EU

A Challenging Relationship

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