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Maybe not a legally smart move, but morally... when was it signed? Perhaps way before some EU countries decided to stop enforcing their borders beyond the performative level? And since these agreements basically force countries (especially rich countries with socialist systems) to somewhat share the burden of that choice they didn't make, I don't blame them in the least.
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These agreements do not force countries to share that burden.

Freedom of movement for EU citizens. Migrants and asylum seekers don’t have the right to live and work in Switzerland because of our EU agreements.

A migrant or asylum seeker living in Germany has 0 right to move to CH.

We do have some asylum obligations from the Dublin accords and from global human rights laws, but those we can regulate ourselves separately anyway. EU doesn’t care. Countries within EU do it already.




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