In 2012, and in accordance with the Agreement on Free Movement of Persons, the Federal Council activated a safeguard clause installing a quota system in order to prevent the arrival of EU-8 nationals into Swiss labour market. In 2013 the council decided on a quota system applicable to EU-17 nationals.
The agreement no longer allows the quota system applicable to EU-17 and EU-8 nationals to be extended for a further year. Therefore, the safeguard clause ceased to be applicable for EU-8 nationals on April 30 2014 and will cease to be applicable for EU-17 nationals on May 31 2014.
Consequently, EU-25 nationals will once again benefit from complete and full free movement, provided that they come to Switzerland to take up employment or (for nonactive individuals) if they have sufficient financial means.
For both Romania and Bulgaria (EU-2 nationals), the council is still to decide whether the quota system will continue to apply. The deadline for this decision is the end of May 2014.
Until the law referring to the initiative aiming to stop mass immigration (February 2014) is adopted, the Agreement on Free Movement of Persons will apply between Switzerland and the European Union.
Originally published in International Law Office, May 23 2014
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