¶ Free Movement of Persons -- Overview
Source: Dispatch on the Approval of Bilateral III, Chapter 2.3 (pp. 266--281)
PDF Link | Federal Gazette 2025-0749
¶ Summary
Free movement of persons is the central internal market agreement between Switzerland and the EU. The Agreement on the Free Movement of Persons (FMPA) has been in force since 1 June 2002 and will be updated through an amendment protocol (AP-FMPA) and an institutional protocol (IP-FMPA). The Federal Council pursued three clear negotiation objectives and achieved them in full -- even exceeding the mandate regarding the safeguard clause.
¶ Context and Significance of the FMPA
The FMPA governs reciprocal freedom of establishment and access to labour markets. It guarantees:
- The right of entry, residence and pursuit of gainful employment in Switzerland for EU citizens (and vice versa)
- The coordination of social security systems (Annex II)
- The mutual recognition of professional qualifications (Annex III)
The FMPA is employment-oriented: unlike EU-internal free movement, access is primarily linked to gainful employment. This fundamental principle is maintained.
¶ Current Facts
| Indicator | Value |
|---|---|
| In force since | 1 June 2002 |
| EU nationals in Switzerland | approx. 1.6 million (end 2025) |
| Swiss nationals in the EU | approx. 460,000 |
| Main reason for immigration | 64% gainful employment |
| GDP growth since FMPA | >50% |
¶ Three Negotiation Objectives
The Federal Council defined three core objectives for the negotiations on the FMPA update:
- Maintain employment orientation -- access remains primarily linked to gainful employment
- Respect Federal Constitution requirements -- in particular criminal deportation under Art. 121 FC must remain enforceable
- Preserve the notification procedure -- the proven notification procedure for short-term service provision is maintained
¶ Three-Level Protection Concept
The negotiation result comprises a three-level protection concept:
¶ Level 1: Three Exceptions
| Exception | Description |
|---|---|
| Permanent residence | No automatic permanent residence right; linked to gainful employment and self-sufficiency |
| Criminal deportation | Criminal deportation under the FC remains fully enforceable |
| Biometric ID | Transitional period of 1 year; existing cards without chip remain valid |
¶ Level 2: Two Safeguards
| Safeguard | Description |
|---|---|
| Termination of residence | Expanded options to terminate residence in case of social welfare dependency |
| Notification procedure | Retention of the notification procedure for short-term service provision |
¶ Level 3: Specified Safeguard Clause
The safeguard clause (Art. 14a FMPA) is specified:
- Switzerland can activate the clause autonomously (without EU approval)
- Based on objective indicators (4 key indicators + additional exemplary indicators)
- Annual monitoring involving cantons, social partners and Parliament
¶ Wage Protection
Wage protection follows the principle "equal pay for equal work at the same location":
- Dual enforcement system: state and social partners monitor jointly
- Non-regression clause: the Swiss level of wage protection is safeguarded against regression
- 14 concrete measures in four categories (compensatory, service bans, expenses, social partnership)
¶ Coordination of Social Insurance
Annex II of the FMPA is updated and covers:
- Coordination of social security systems (OASI/DI, health insurance, unemployment insurance)
- Prevention of double insurance and gaps
- Recognition of insurance periods from EU member states
¶ Recognition of Professional Qualifications
Annex III is modernised via the IMI system (Internal Market Information System):
- Electronic information exchange between authorities
- Simplified recognition procedures
- Automatic recognition for regulated professions (doctors, architects, etc.)
¶ Negotiation Result
| Objective | Result |
|---|---|
| Employment orientation | Fully achieved |
| FC requirements (criminal deportation) | Fully achieved |
| Notification procedure | Fully achieved |
| Safeguard clause | Negotiation mandate exceeded |
The Federal Council considers the negotiation result balanced and in Switzerland's interest.
¶ Key Points
| Topic | Key Message |
|---|---|
| FMPA status | In force since 1 June 2002, to be updated |
| Instruments | AP-FMPA + IP-FMPA as integral components |
| Employment orientation | Maintained -- access primarily linked to gainful employment |
| Safeguard clause | Activable autonomously, mandate exceeded |
| Wage protection | Equal pay, non-regression, 14 measures |
| Social insurance | Annex II updated, coordination secured |
| Professional qualifications | Annex III modernised via IMI system |
| Persons affected | 1.6 million EU citizens in CH + 460,000 CH in EU |
¶ References
- Dispatch Bilateral III, FG 2025 749, Chapter 2.3 (pp. 266--281)
- Agreement on the Free Movement of Persons (FMPA), SR 0.142.112.681
- Amendment Protocol to the FMPA (AP-FMPA)
- Institutional Protocol to the FMPA (IP-FMPA)