The EU Council has adopted an amendment to the EU-Switzerland Agreement on the free movement of persons, updating the legal annexes to incorporate subsequent EU legislation on the cross-border provision of services by lawyers. The decision, formalised in a legislative act on 2 December 2026, replaces a page in Annex III to reflect the updated state of Council Directive 77/249/EEC and its amendments, including changes made through various EU accession acts. This update aims to facilitate the free movement of lawyers between the EU and Switzerland, impacting legal professionals and their clients.
Document Details and Legal Basis The amendment was adopted by the Council as a legislative act, making it mandatory for EU member states. It updates Annex III of the agreement to align with the current version of Directive 77/249/EEC, which governs the freedom of lawyers to provide services temporarily in another member state. The changes incorporate amendments from successive EU enlargements, ensuring that Swiss lawyers operating in the EU and EU lawyers in Switzerland are subject to the same rules as those within the internal market.
Policy Orientation and Trade-offs The update is a technical but necessary step to maintain legal certainty and coherence in the single market. By aligning the bilateral agreement with EU law, the Council aims to reduce administrative barriers for lawyers, promoting cross-border legal services. However, the amendment does not address broader concerns about the overall EU-Switzerland relationship, such as institutional framework or dispute resolution, which remain under discussion. The trade-off is between the efficiency gains for legal professionals and the potential for increased regulatory complexity if future EU directives diverge from Swiss rules.
Impact on Stakeholders - EU and Swiss lawyers: Positive impact, as the update clarifies the legal framework for cross-border services, reducing compliance costs and uncertainty. The change is moderate, as it mainly codifies existing practices. - EU member states: Minor positive impact, as harmonised rules facilitate enforcement and reduce legal disputes. However, no new obligations are imposed beyond those already in EU law. - Swiss authorities: Neutral impact, as the amendment merely updates existing commitments. No additional administrative burden is expected. - Clients of legal services: Indirect positive impact, as smoother cross-border services may increase competition and choice, potentially lowering costs.
Institutional Follow-up The Council's decision is final and does not require further approval from the European Parliament for this technical update. However, the amendment will enter into force after notification by both parties, following standard procedures for bilateral agreements. The European Commission will monitor implementation and may propose further adjustments if EU law evolves. This update is part of ongoing efforts to maintain the EU-Switzerland bilateral framework, with broader negotiations on institutional issues expected to continue.
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