Das Freizügigkeitsabkommen zwischen der Schweiz und der Europäischen Gemeinschaft

Historically, culturally, linguistically and economically, Switzerland is part of the European Community, but it is politically and legally outside the European Community. In his work, Sebastian Benesch explains the reasons for this, and shows how this resulted in the need to regulate freedom of movement. Before the bilateral Agreement on Freedom of Movement between Switzerland and the European Community, which took effect in 2002, freedom of movement was a domestic affair regulated by the individual countries. The purpose of the new Agreement is to reduce legal barriers and to facilitate freedom of movement based on European law. The author deals with the legal situation of migrant employees, self-employed persons, service providers and unemployed persons with regard to short-term and permanent residence. Taking into account that the relationship between Switzerland and the European Community is based on several different bilateral agreements, the author analyzes whether Switzerland is already part of the European Union's system of freedom of movement and takes a look at Switzerland's alternatives in regard to its prospective role in Europe and the European Union.