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Bern approves solution for Erasmus students

Following the suspension of Switzerland's participation in the Erasmus student exchange programme, on Wednesday the federal government approved plans for a 23-million-franc ($26 million) interim solution.

Published: 17 April 2014 10:31 CEST

Bern approves solution for Erasmus students

Students intending to go on an Erasmus exchange in 2014-15 will now be able to. Photo: Jirka Matousek

The country's participation in Erasmus, which allows millions of students across Europe to spend time studying in another European country, was blocked by the EU following Switzerland's February 9th anti-immigration vote, which counters the bilateral agreement on the free movement of people.

The funds released by Bern, which equate to the amount Switzerland would have contributed to the Erasmus programme for 2014-15, will allow Swiss students who were intending to go on an exchange to do so, with grants given directly to students.

The majority of the funds will be dedicated to the practical issues surrounding student mobility, including grants for foreign students coming to Switzerland.

Around 11 percent of the budget will be given over to particular projects considered by the federal authorities to "meet the education policy objectives set by the Confederation and the cantons", according to a government statement.

This temporary solution aims to provide as much continuity as possible for Swiss students, while the government lobbies for Switzerland to regain its associate status with Erasmus.

Bern is also working on interim solutions to the EU's blocking of Switzerland's participation in European culture and scientific research projects.

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Why does Switzerland have to comply with European court rulings?

In a landmark ruling handed down on April 9th, the European Court of Human Rights (ECHR) in Strasbourg sided with a group of Swiss pensioners who ‘sued’ the country for not doing enough to mitigate the effects of global warming.

The ECHR ruled that Switzerland had violated Article 8 of the European Convention on Human Rights, which guarantees the “right to respect for private and family life,” and ordered the government to pay the complainants a fine of €80,000 (78,555 francs).

READ ALSO: Who are Switzerland’s victorious climate ‘Elders’?

While environmental groups and a number of political parties welcomed the verdict, questions also arose about why Switzerland, which is not a member of the EU, must comply with the decision handed down by the Council of Europe’s court.

This fact was not lost on the populist, anti-EU Swiss People’s Party (SVP).

One of its MPs, Jean-Luc Addor, questioned not only the court’s judgment, but also the fact that foreign judges have ‘meddled’ in Swiss matters.

“What is the legitimacy of the ECHR to pronounce such a ‘condemnation’?,” he asked.” Is it now going to send the European army to Switzerland?”

So why is Switzerland obligated to conform to the ECHR’s judgment?

In 1974, the country, though neutral, signed the European Convention on Human Rights.

As the European court was established expressly to monitor the parties’ compliance with the provisions enshrined in the Convention, Switzerland must heed its judgements. (The ECHR hears only matters related to human rights. It does not handle any criminal cases).

To ensure that rulings are just and impartial, the ECHR’s judges come from the 46 countries that ratified the Convention.

Switzerland is represented by Andreas Zünd, who has served on the ECHR since January 2021.

How do Swiss cases end up in front of ECHR judges?

Switzerland has different court levels: district, cantonal, and federal.

Complainants first file their cases in the district court. If they are not happy with the verdict, they can appeal it within 30 days, at which point the case will go to the higher judicial level, that is, the cantonal court.

The next step up the judicial ladder is the Federal Supreme court, the highest judicial authority in Switzerland.

Headquartered in Lausanne, it is the final instance on all appeals against decisions of the cantonal courts.

But though this final judgment can’t be appealed in Switzerland, the case — if it relates to rights outlined in the Convention — can be taken to the ECHR.

READ ALSO: What you should know about Switzerland’s courts

What ‘Swiss cases’ have been judged by the European court?

The climate activists’ case is the latest of dozens of rulings involving complaints from Switzerland.

Some of the other successful ones involved a widower whose pension benefits were denied by a Swiss court; a Romanian woman fined for beginning in Geneva; and a Sudanese man who won his appeal against deportation from Switzerland.

You can see all the ECHR rulings for Switzerland (in German or French) for the last 45 years here.

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