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2 Eur. J. Migration & L. 127 (2000)
The EC-Switzerland Agreement on Free Movement of Persons: Overview and Analysis

handle is hein.journals/ejml2 and id is 135 raw text is: European Journal of Migration and Law 2: 127-142, 2000. 127 © 2000 Kluwer Law International. Printed in the Netherlands. The EC-Switzerland Agreement on Free Movement of Persons: Overview and Analysis STEVE PEERS* 1. Introduction After years of tortuous negotiations, the EC and Switzerland finally agreed an Agreement on free movement of persons in June 1999.' The new Agree- ment forms part of a package of seven treaties agreed at the same time,2 and applies in addition to the existing free-trade agreement (and other earlier bilateral treaties) agreed between the Community and Switzerland.3 This complex network of treaties has been agreed as a 'second-best' alternative to Swiss membership of the European Economic Area (EEA),4 which the Swiss public rejected in a 1992 referendum.5 On May 21, 2000, the Swiss voted overwhelmingly in favour of the new treaties. The EC-Swiss Agreement on free movement is remarkable in that it extends eventual full free movement of persons between the Community and Switzerland on the model of free movement for Community nationals, with minor variations from the EC rules and excluding the concept of citizenship of the Union. The Community has only previously been willing to agree full free movement of persons as part of the EEA Agreement. All other Community treaties with third states either ignore the issue of movement of persons alto- gether, or leave to the Member States the decision on whether to admit such persons initially.6 Indeed, if approved, the 1999 EC-Swiss treaty will cover more persons than the EEA Agreement does at present. * University of Essex, UK. COM (1999) 229,4 May 1999. 2 The other Agreements concern: civil aviation; public procurement; agricultural trade; overland transport; technical barriers to trade; and research. 3 OJ 1972 L 300/189. 4 0J 1994 L 1/1, presently binding the Community, its Member States, Norway, Iceland and Liechtenstein. 5 See particularly COM (93) 486, 1 Oct. 1993. 6 For example, the EC-Turkey association agreement, and the EC agreements with North African states.

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