Switzerland’s Structural Participation in EU Agencies

While many EU decentralised agencies are in principle open to third country participation, it remains exceptional that third countries structurally participate in these EU bodies. The exceptions here, first, are the States parties to the European Economic Area (EEA) Agreement but, second, also Switzerland. Switzerland structurally participates in five EU agencies and, just like is the case for the EEA States, this participation goes as far as having a limited voting-right in some of these bodies. The legal setup through which Switzerland participates in EU agencies is more cumbersome than the mechanism through which the EEA EFTA States’ participation in EU agencies is enabled. This chapter maps in which EU agencies Switzerland participates and analyses how this is realised from a legal perspective. It also looks closer into the arrangements concluded between the EU and Switzerland on the precise modalities of Swiss participation in EU agencies. Finally, the chapter reflects on the possible future Swiss participation in further EU agencies in light of the Swiss rejection of the Institutional Agreement.