He has become a media stimulus figure

if You speak his name and hear deep sighing. Or a cascade of invective. Or euphoria and praise. Who says Carl Baudenbacher, sets the switch to electricity. Something happens, always.

Almost all of a sudden Emeritus of St. Gallen Jusprofessor in the debate on Europe-to-reference and charming character in equal measure. His vigorous, eloquent critique of the framework agreement with the EU and, specifically, to the negotiated arbitration court, have given him a broad impact, such as hardly ever in his soon to be 72 years of life. Much attention was paid to be publicly transmitted occurs in the foreign policy Commission (APK) of the national Council. In the case of the economic Commission (WAK) before he spoke. His damning report to the court of arbitration, to order the WAK posted, it was discussed in Public extensively and controversially. He also published articles, most recently on "Inside Paradeplatz". And his popularity in social media is growing. The Youtube-Account-EU-No released video snippets of the APK appearance, with the collective title: "Best-of Statements Baudenbacher to the framework agreement".

It is the public opinion, the raw material of politics, is influenced. You can therefore say it short and sweet: Carl Baudenbacher has at once about political influence.

Sharp criticism of the arbitration court of: Carl Baudenbacher speaks in front of the Ausenpolitischen Commission of the national Council on the 15. January 2019. Photo: Keystone

Those who praise him euphoric, like the. Luzi Stamm, Aargau SVP national councillor and opponent of the European Union, calling him an "outstanding types, independent and incorruptible". Baudenbacher know the EU law "better than any other individual in Switzerland".

The admiration is to a man who was, until recently, what is subsumed in the SVP under "foreign judges". 23 years Baudenbacher was at the court of justice of the European free trade Association (Efta), the last 15 as its President. In this role, he woke up on the application of EU Law in the Efta States Norway, Iceland and Liechtenstein. For the first time he was elected in 1995 on a proposal of Liechtenstein, and, when he turned to this time in the Swiss Europe , then it sounded like this: "The direction for 1995 can only be: to negotiate Bilaterally in parallel with the accession to the EU to prepare" (NZZ 1994). "Should muster the political Elite of the country the power to join the EU, would have to be at least a second of the EEA agreement run" (newspaper, 1995).

star witness for the Euro turbos

Baudenbachers scientific focus is actually the antitrust law; his publications in this field, he owes largely to his University career. In the 90s, but he swings for academic leniency of the Euro turbos.

A change, as the EU begins to push around a decade ago, on a closer institutional links between Switzerland and the. Offensive Baudenbacher propagated to its Efta-court as the appropriate Institution to resolve disputes between the EU and Switzerland. The former Minister of foreign Affairs Didier Burkhalter (FDP), and his chief diplomat, Yves Rossier, he flashes, however, flatly. Rossier ab kanzelt the Efta court even publicly called him, in Interviews, a "foreign Institution", which knew nothing about the bilateral relationship between Switzerland and the EU. At all: The court could not judge the EU's binding.

The attacks are personally true

How much of this analysis is controversial. The wounds are struck. Baudenbachers sound is angriffiger, he attacked the Swiss Confederation and the Rossier in lectures personally and directly. Both of you are now no longer in office, Baudenbacher, but the alienation remained. Even today, the Name triggers Baudenbacher nowhere is that more sighs and invective than in the foreign Department. A long-served employees etches: "He has never been the same, that the Efta court is, in principle, for the foxes" – to be limited in its powers, to closely bound, ultimately, to the EU court of justice in Luxembourg.

I'm one of the few Swiss who knows the European court of justice very well.Carl Baudenbacher

Baudenbacher accused, for its part, the Federal Council and the administration in the framework agreement of the "undue tinkering". Going to hide the fact that the arbitral Tribunal would have to be as good as always with the EU-court bow, and much less about discretion. The proposed mediation model was not made about "mass", as the management claim. Rather, it was adopted the EU "copy-paste from their agreement with Moldova, Georgia and Ukraine".

Baudenbacher, and also its resonance, is based, undoubtedly, speaks and writes in a way that you understand it. Verquaster professors Jargon is his thing, nor excessive diplomacy or false modesty. "I'm one of the few Swiss who knows the European court of justice very well", he legitimized his commitment. More humility may, in turn, prevent the rift in particular with the Department of foreign Affairs would, he is in agreement. "My former court has been set by Mr Burkhalter and Rossier with unsustainable claims down," he says. Their successors would have taken the insults, "never to return". He was able to "not go unanswered". "If I would have found more if I would be the diplomatic approach, I doubt."

His opinions to the framework agreement was "really good," says an experienced Diplomat, is not close to the SVP. The influence of the EU on the arbitral Tribunal to be thoroughly worked out. Other find, ultimately the noise will held here on a side-show. "The arbitral Tribunal does not belong at all to the Central points of contention in the framework agreement. The protection of Workers or the citizenship of the Union are for the discussion much more significant," says the Zurich-based SP-national councillor Martin Naef.

SP is Europe-friendly At the delegates ' meeting in Goldau, SZ, SP on an EU framework agreement with wage protection believes. Video: SDA

In the case of the SVP and its allies Baudenbacher, however, finds grateful recipients. In a way, that is emblematic of the new complexity of Switzerland's European discourse. The symmetry, as coined in the early zero years, until a few months ago, the picture is gone. The SP is no longer the reliable SVP-the antithesis of the past, the EU enthusiasm has cooled. Today, a strapping SP fight-unionists such as Corrado Pardini in a television phalanx with SVP Godfather Christoph Blocher against the framework agreement. The FDP, in turn, is with your sudden ' Yes ' to the agreement in the Position of the Europe-friendly Federal Council of the party, so to speak, stumbled – flanked only by the industry associations and the small parties, the GLP and the BDP.

The question of the Alternative

in the Midst of this kaleidoscope: the "new" Baudenbacher, one tiger EU-promoter and current Star of the European opponents. Or the new is still the old one? Arguments for accession to the EU, you heard of him last, hardly; a supporter of the EEA and the Efta court it remains, however: "Both would definitely be better than this agreement." What relates to his political preferences, he says: "I was never a member of any party and no party close to. I am a supporter of a social market economy and against protectionism of any kind is critical." In the Judgments of the Efta court of justice, he sees values such as free trade, open markets and a "modern human" is reflected.

These views promise interesting perspectives, if Baudenbachers should be preferred Alternatives to the arbitral Tribunal once virulent. With the Affection of the right, it could have then quickly brought to an end.

(editing Tamedia)

Created: 03.03.2019, 23:32 PM