Post-immigration education of adult immigrants in Switzerland

In 2000, 20 per cent of the Swiss resident population was constituted by foreigners (Fibbi and Wanner 2009). As in other European countries, the migrant population in Switzerland can broadly be differentiated into three groups: 1) Migrant groups from less-developed regions with substantially lower educational attainments and an increased risk for unemployment than in the reference population, 2) Migrant groups that are rather more successful, although still somewhat behind the majority population, 3) Migrant groups who even outperform the majority population in terms of educational and employment success (Heath et al. 2008). Given these inequalities – in particular in the first migrant group – participation in further education in the country of destination might contribute to better integrate migrants in the Swiss society in general and the labour market in particular. On the basis of the pooled SAKE data set (1991-2000), patterns of participation in further education of adult migrants are analysed. As the results show, many migrant groups differ from the Swiss reference population regarding participation in further education. While inequalities are often explained by educational attainments and occupational status, in some cases they hold even if controlled for the determinants explaining participation in further education in general. Regarding migrant-specific determinants, type of residence permit proved to be an important indicator explaining the disadvantages in access to further education encountered by migrants originating from Former Yugoslavia.

The Swiss Public Initiative against Mass Immigration (‘Masseneinwanderungsinitiative’): Caught between Constitutional Sovereignty and Pacta Sunt Servanda

This article seeks to bring some clarity to the publicly held debate on the Swiss federal popular initiative to limit immigration as it was adopted on 9 February 2014 by the Swiss people. It considers the crux of the matter, which is the implementation of the new Swiss constitutional article in the context of public international law. The initiative is stuck in between Swiss constitutional sovereignty and Swiss treaty obligations flowing from the agreement on free movement of persons between the European Union and the Swiss Confederation. Specific attention is paid to the democratic element anchored in the Swiss Constitution which, in contrast to other systems where the judicial element prevails, is of high importance for whole the process of a bilateral contractual relationship between the European Union and the Swiss Confederation.