DiKE Der Einfluss des europäischen Rechts auf das Recht der Schweizer kollektiven Kapitala

Since the rejection of EEA accession, Switzerland has endeavored to avoid a course of isolation under European law by adapting to EU law. However, despite a long tradition of rapprochement, important questions remain largely unanswered: What level of harmonization is required for autonomous implementation? Is autonomous enforcement really autonomous? What are its disadvantages and when does it fail to achieve its goals? Swiss collective investment law is one of the most prominent exponents of European-determined financial market law. In this paper, the development of collective investment law is presented in the light of European influence and the extent to which the various motives for EU convergence have been achieved is examined. In addition to market access efforts, it is discussed in particular whether and to what extent EU approximation has led to an increase in investor protection in this country.