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Swiss Single Market Law and Its Enforcement

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Swiss Single Market Law and Its Enforcement Swiss Single Market Law and its Enforcement PRESENTATION @ EU DELEGATION FOR SWITZERLAND NICOLAS DIEBOLD PROFESSOR OF ECONOMIC LAW 28 FEBRUARY 2017 overview 4 enforcement by ComCo 3 single market act . administrative federalism . principle of origin . monopolies 2 swiss federalism 1 historical background 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 2 historical background EEA «No» in December 1992 strengthening the securing market competitiveness of access the swiss economy 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 3 historical background market access competitiveness «renewal of swiss market economy» § Bilateral Agreements I+II § Act on Cartels § Autonomous Adaptation § Swiss Single Market Act § Act on TBT § Public Procurement Acts 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 4 swiss federalism 26 cantons 2’294 communities By Tschubby - Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=12421401 https://upload.wikimedia.org/wikipedia/commons/3/3e/Schweizer_Gemeinden.gif 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 5 swiss federalism – regulatory levels products insurance banking medical services energy mountaineering legal services https://pixabay.com/de/schweiz-alpen-karte-flagge-kontur-1500642/ chimney sweeping nursing notary construction security childcare funeral gastronomy handcraft taxi sanitation 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 6 swiss federalism – trade obstacles cantonal monopolies cantonal regulations procedures & fees economic use of public domain «administrative federalism» public public services procurement subsidies 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 7 single market act – overview aims of the law free movement movement of of equalaccess access to to equal access to public persons and and services services monopolized activities procurement markets legal instruments § pple of recognition § principle of public tender § principle of origin § principle of non-discrimination 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 8 SMA: administrative federalism example: federal act on medical professions • professional qualification requirements • personal requirements requirements individually applied by cantons license valid in license valid in license valid in canton canton canton SMA: decision of one canton is binding for all others 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 9 SMA: principle of origin – right to market access Canton of Zug Canton of Lucerne Canton of Aargau no requirements licensing conditions licensing conditions - good reupte - good reupte - financial capacity - financial capacity - certificate of competence - rules of home canton apply - simple, fast and free procedure - rules of home canton apply - simple, fast and free procedure 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 10 SMA: principle of origin – restrictions Canton of Zug Canton of Lucerne Canton of Aargau no requirements licensing conditions licensing conditions - good reupte - good reupte - financial capacity - financial capacity - certificate of competence restrictions only if - no equivalence - public interest - proportional - not discriminatory 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 11 SMA: principle of origin principle applies even… § …if profession/service «does not exist» at Canton of destination prosthodontists self-employed paramedic § …to requirements concerning the legal status stock corporation for liberal professions § …to regulations concerning the exercise of an activity employment of stagiaires § …to labour regulations § …to rules on sales modalities, e.g. internet sale of drugs 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 12 SMA: principle of origin – comparison to EU Services directive 2006/123/EC Commission draft, March 2004, article 16 Adopted version, article 16 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 13 SMA: monopolies provider from cantons / communities other cantons legal monopolies, e.g. de facto monopolies, e.g. chimney sweepers . special use of public . building insurance domain . taxi dispatch historical monopolies, e.g. monopoly = obstacle . emergency services . mining for ressources to movement . waste disposal transfer of right to use monopoly right to private person (concession) participation in tender must be in a call for tender 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 14 enforcement by ComCo Competition Commission (12 members) Secretariat director centres of competence CC law CC economics CC investigation CC communication CC international affairs construction products services infrastructure CC single market enforcement CartA enforcement SMA 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 15 legal instruments § investigation / recommendation re application of SMA e.g. investigations Canton Berne, Waadt, Ticino § recommendation re cantonal laws e.g. recommendation re taxi regulation in Geneva § on request of authorities: expertise e.g. intercantonal agreement on regulation of security services revision of SMA in 2006 § complaint against decisions e.g. ticino law on manufacturers 28 February 2017 Swiss Single Market Law and its Enforcement Prof. Nicolas Diebold 16 discussion further information . Bundesgesetz über den Binnenmarkt (BGBM) vom 6. Oktober 1995 (Single Market Act), SR 943.02 . overview of practice available on ComCo website @ www.weko.admin.ch > Themen > Binnenmarkt > Praxis [email protected].
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