The swiss vote in feb'2009, concerns extending the free movement of persons to Bulgaria and Romania and simultaneously on whether to continue with the current free movement of persons between the EU 25. It has nothing to do with Directive 2004/38.86ti wrote: Switzerland will vote on the free movement of persons next February (includes the provisions of the directive I suppose), necessary to comply with Schengen/Dublin
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However, a possibilty could be that the EU and Switzerland modify the current free movement of persons agreement between the EU - CH to include the provisions of Directive 2004/38. For that, a entire new referendum will most probably be put to a vote.
As mentioned, if the swiss do vote No regarding the extension of the free movement of persons agreement, the guillotine clause in the current bilateral agreements between the EU - CH , could take effect, and all bilateral treaties become null and void. It will have repercussions for Switzerland as well as for the + 900 000 EU citizens in switzerland.
As for switzerland adapting it's alien act, doubt that will happen, as it was adapted and voted on not too long ago and came into effect in the beginning of January 2008. All of this done with taking schengen/dublin provisions into consideration,as schengen/dublin was voted on in 2005 already.
As well, the swiss have opt out clauses relating to schengen/dublin concerning it's banking secrecy in the fight concerning cross border crime etc....