The case

In the conflict over European policy, EU judges play a key role. Daniel Friedly wrote in the NZZ am Sonntag (4 February 2024) that already today the European Court of Justice has much more influence on Switzerland, a fact which not so many seem to be aware of.

Switzerland and the ECJ: This is and will remain a sensitive issue, particularly as soon as the Federal Council resumes negotiations with the EU on new bilateral rules after domestic political consultations.

What role will EU law play in the event of a dispute? How binding will its interpretation be? And will Switzerland be subjecting itself to “foreign judges”, as its opponents like to point out? According to Matthias Oesch, the ECJ not only has a lasting impact on life in Europe but also on life in Switzerland, and this “to a much greater extent than society as a whole and politics want to realize”. EU law “now permeates Swiss law in its entirety”.

Both the article and the book are well worth reading and illustrate facts by listing examples.

The commentary

All in all, Oesch finds the extent to which the ECJ leaves its mark on everyday Swiss law  “impressive” and marvels at how calmly Swiss authorities and courts have been contributing to this. The author is not too concerned as long as decisions are taken consciously and is in favour of the pragmatic course of action that the Federal Council is opting for in the new negotiations to resolve the dispute with the EU: An equal arbitration tribunal that decides in disputes but obtains a binding interpretation of the ECJ for questions concerning European law.