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EU ‘disappointed’ in Swiss rejection of corporate tax reform

The EU is “very disappointed” in the Swiss people’s rejection of the government’s corporate tax reform plan, the EU’s tax commissioner has said.

EU ‘disappointed’ in Swiss rejection of corporate tax reform
EU tax commissioner Pierre Moscovici. Photo: Emmanuel Dunand/AFP
The result will naturally have an influence on cooperation between the two, Pierre Moscovici said in a Brussels press conference on Monday reported by Swiss media
 
“The rejection of the reform and referendum means we need to redouble our efforts when it comes to taxation. The Commission plans to consult the member states so we can decide together how to proceed”.
 
The Organisation for Economic Cooperation and Development (OECD) has criticized Switzerland's “harmful” current tax system for offering lower tax rates for foreign companies than for domestic ones.
 
Switzerland had agreed to end that imbalance by 2019. The proposed reform would have addressed the issue, while also introducing new measures designed to make Switzerland an attractive and competitive place for multinationals. 
 
But voters largely agreed with opponents who said the changes would have left a hole in public finances, with ordinary tax payers left to make up the shortfall. 
 
With the reform rejected, the government now fears Switzerland could be blacklisted as a tax haven, though the tax chief of the OECD on Monday denied to Swiss media there was any such list. 
 
Nevertheless, international pressure will remain on Switzerland to reform its tax practices in the next two years.
 
“Thanks to our joint efforts, Switzerland has turned the page, becoming a constructive international partner in the fight against tax evasion and fraud,” said Moscovici. 
 
“In 2014 member states and Switzerland agreed to bring to an end harmful tax practices and Switzerland agreed to respect international rules set by the OECD”.
 
Switzerland must now go back to the table to find a new way to meet its obligations, something that may mean a compromise between the political left and right, on opposing sides in the debate.
 
“We must take into account the people’s vote,” Christian Democrat MP Guillaume Barazzone told Le Tribune de Genève.
 
“That obliges us to look again at taxation…. we must find a compromise with the left,” he said.
 
“The population has sent us two messages,” said Liberal-Radical Olivier Feller. “They don’t want tax losses to translate into higher taxes for the people. And they don’t want opaque tax practices that lower taxes for the benefit of companies”.
 
On the left, Socialist MP Roger Nordmann told the paper his party was ready to talk. 
 
“We are not going to be arrogant and assume that 60 percent of Swiss have suddenly become socialists,” he said. 

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EUROPEAN UNION

Why does Switzerland have to comply with European court rulings?

Europe's top rights court ruled that Switzerland was not doing enough to tackle climate change, condemning it to a hefty fee. But why does Switzerland have to abide by this decision?

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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