Controversial Legislation

The European Commission said Monday that tough new asylum rules adopted in Switzerland by referendum over the weekend are incompatible with European Union norms and breached the bloc's standards on immigration.

The new law contains a controversial requirement that all people seeking asylum in Switzerland present documents within 48 hours of making a claim, or face being sent home. The law also states that the maximum detention period for those awaiting deportation would be raised to 24 months and welfare benefits would be denied to rejected asylum seekers.

Under EU laws, "the request for asylum can be accelerated in the case of an individual who has no passports, but that cannot be a reason for ruling that the person cannot be admitted," a commission justice affairs spokesperson said. Asked if what Switzerland wants to be accepted is therefore incompatible with the bloc's standards, the spokesman said: "Yes, it is."

Swiss to be forced to adopt some EU laws

Although Switzerland is not a member of the European Union, it is expected to join the EU-dominated Schengen border free zone along with the 10 newest EU countries that became member states in 2004.

Switzerland will then have to adopt some but not all of the EU's legislation, notably on finger-printing asylum seekers so that the information can be recorded in the bloc's Eurodac data system.

But Bern is under no obligation to apply most of the other EU texts harmonizing asylum rights among its member countries.

The commission spokesperson said that the EU's 25 member states have to respect "a whole set of legislation on asylum." This includes conditions for hosting asylum seekers, a definition of what constitutes refugee status and rules on the asylum procedure.

New laws break UN refugee rules

The United Nations Refugee Agency (UNHCR) also denounced the vote and described the measures as "among the strictest in Europe." International refugee rules which have been in place since 1951 say that immigrants and asylum seekers should not be shut out of the system.

Swiss supporters of the law say that the stringent measures are necessary to avoid social tensions in the future, curb the burden on welfare services and protect genuine asylum cases while the Swiss Radical Party, which backed the laws, said the policy would "help integration and prepare the future of the country."

Highly-skilled refugees only

The measures, which would block all but the most highly-skilled workers from outside the EU or the European Free Trade Association (EFTA) from entering the rich alpine country, was backed by around three-quarters of voters. They were initially approved by the Swiss parliament in December but a coalition of centre-left parties, church groups and humanitarian organizations forced the government to put the measures to a national vote.

Socialist Swiss Member of Parliament Maria Roth Bernasconi said the vote was a failure for those who supported the initiative. "They made a mistake," she added. "They think the issue is settled now, but that's not true. I regret that those parties played the game, putting to one side the values of humanity and openness which are important for Switzerland."

Despite the strong support for the new laws, a demonstration was held in Zurich on Monday night to denounce them. Protesters said Switzerland should be ashamed of itself.