Swiss Federal Council Approves Cantonal Participation Framework for EU Bilaterals III, Addressing 90/180 Rule Concerns

Bern, Switzerland – On April 22, 2026, the Swiss Federal Council approved a landmark agreement granting cantons formal participation rights in the "Bilaterals III" package with the European Union, particularly influencing areas like the 90/180 rule on short-term stays for third-country nationals.changeflow.comwww.visahq.com This framework ensures cantonal input into decision-shaping processes and EU dispute settlements when their competencies or interests—such as immigration enforcement—are affected, responding to years of lobbying by the Conference of Cantonal Governments (KdK). The move aims to bolster Switzerland's decentralized approach to EU integration amid ongoing parliamentary deliberations.

Under the agreement, cantons gain representation on key bodies, including joint EU-Swiss committees, high-level dialogue forums, and the selection committee for the Competition Commission's state aid monitoring chamber. This institutionalizes their role in applying single-market elements, such as dynamic alignment of legislation and mandatory consultations on updates to EU systems like the Entry/Exit System (EES), revised Blue Card rules, and posting-of-workers directives. For the 90/180 rule, which limits non-EU citizens to 90 days in any 180-day period within the Schengen area, cantonal involvement promises greater transparency on implementation timelines and enforcement, aiding HR, tax, and immigration advisors.

The pact remains conditional, set for signing only after Parliament concludes debates on Bilaterals III and subject to renegotiation if legal bases like the Federal Act on Cantonal Participation in Foreign Affairs are substantially amended. This gives cantons a potential veto power, shielding foreign labor access from political turbulence that derailed prior agreements. Overall, the framework signals Switzerland's commitment to balancing federal-EU ties with regional autonomy.