Crumbs of Comfort

Hello again from Brussels. A small crumb of comfort tumbled down from the Brexit smorgasbord this week. At a meeting on Wednesday, the Commission agreed that British employees would not be summarily fired on 29 March 2019 (i.e. Brexit D-Day) which, incidentally, is in exactly one year from today.

Up to now the position of British staff had been looking precarious. One condition for employment at the Commission is to be an EU national, as laid out in Article 28 (a) SR of the Treaty on the European Union:

« an official may be appointed only on condition that he is a national of one of the Member States of the Union (…) »

In turn, Article 49 of the EU Staff Regulation allows for the dismissal of employees who no longer fulfil the Commission’s employment criteria. Article 50 of the same document also provides for forced retirement ‘in the interests of the service’, which is a much more vague and flexible means of getting rid of staff.

As the UK is the only country that has ever left the EU, there is no precedent for handling members of staff who are nationals of a seceding state. Interestingly though, the Commission apparently employs four Norwegians and one Icelander – citizens of states which were planning to join the EU, but never got around to it. This means that employing nationals of a non-EU state is apparently possible.

Luckily (for people like me) the Commission has now ended speculation. It decided on Wednesday that permanent officials would not be forced into retirement under Article 49 except where there was a conflict of interest with regard to international obligations (i.e. if they were working on trade deals with the UK, for example). This echoes what the Commissioner for Budget and Human Resources, Günther Oettinger, suggested in July 2017.

Commissioner Oettinger – the future of UK staff is in his hands.

Not being a permanent official myself, though, I was more interested in the second part of the agreement pertaining to ‘contractual agents’ (i.e. me). Contract Agents are employed on shorter-term contracts, usually for only 12 months (though if renewed enough times the contract will become permanent). In this case the Commission decided as follows:

« la Commission est légalement tenue d’effectuer une analyse au cas par cas afin d’autoriser des exceptions dûment justifiées à l’exigence de nationalité prévue par le régime applicable aux autres agents ; la Commission s’engage toutefois à ce que l’autorité habilitée à conclure des contrats fasse un usage généreux et transparent de cette possibilité de dérogation ; son appréciation sera fondée sur l’intérêt du service. »

Or, in English, the Commission will decide on a case by case basis which British Contract Agents it will continue to employ ‘in the interests of the service’. As such this is not a guarantee that my time at the Commission will last long after Brexit, but it does mean that I probably won’t be fired on the spot on Brexit Day (or ‘Independence Day’ depending which camp you fall into).

If all goes well my current contract will be renewed in February 2019. However, while I will probably not be fired for being British, there is still no guarantee that the contract will be renewed again in February 2020. The Commission’s decision talks only about keeping staff who currently have a contract, and not about offering staff further contracts in the future.

All of which means I have 12 months to somehow become a permanent official… Or get another passport. Both of which are unlikely!

R.

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