Immigration Law and Policy in Switzerland: Between Restrictive Controls and Freedom of Movement

Author(s) : Constantin Hruschka, Marie-Claire Foblets, Jean-Yves Carlier

Source : https://doi.org/10.1007/978-3-319-99508-3_16

“Migration policy and migration law have been heavily debated in Switzerland since the first popular initiatives against immigration dating back to the 1960s. Although Switzerland never joined the EU and rejected the proposal to join the EEA in 1992, there is a legal tendency to align Swiss law to the law and policy of the EU. Notwithstanding the freedom of movement agreements between Switzerland, the EU, and the EEA countries, as well as the Schengen and Dublin Association Agreements that dominate the legal framework, the direct democracy component of the Swiss Federal Constitution has impacted migration policy, produced restrictive tendencies in the legal arena, and continues to shape the legal environment. Reforms introduced in recent years aimed to counteract the challenges to integration and naturalisation and strike a balance between fairness and efficiency. To that end, the asylum reform came into force on 1 March 2019, and an integration agenda for refugees and other protection beneficiaries was concluded in April 2018.”

Keywords: Switzerland, Swiss Federal Constitution, Freedom of Movement Agreements, Cantonal migration authority, Swiss Asylum Act, State Secretariat for Migration (SEM), Humanitarian protection, Provisional admission, Inländervorrang light, Foreign Nationals Act, Victim Protection Act, Asylum Act, Legal aid for asylum seekers, Accelerated asylum procedure, Reception centres, Federal Citizenship Act