"On Monday morning we will all be unemployed", said Matthew Hogarth, bitterly, when asked, a few days before Brexit, about the future of British EU officials.
This young Englishman served, until 31 January, in the European Parliament as head of the cabinet of now former MEP John Howarth (S&D, UK). What happens next? Like the majority of his colleagues and fellow citizens, Matthew Hogarth "intends to stay in Belgium". "I have my life here", he says.
For him, “most will continue to work with the European Union. But in what way? That's not clear yet".
On paper, officials are allowed to remain
One hundred and sixty-one British nationals work in the European Parliament where they are employed by the political groups or the administration. The Commission, for its part, has, according to the most recent figures, almost 700 UK officials, temporary and contract agents.
In the EU Council, "staff with British nationality only will be 33, as of 31 January 2020", details a source from the institution. "There have been no departures of British nationals from the General Secretariat of the EU Council beyond the normal and planned rotation of staff. In particular, there have been no departures of senior staff", the source explains.
In theory, these officials should not, indeed, be fired. The three institutions were left free, after the referendum in 2016, to determine internally the position to be adopted vis-à-vis their British employees (see EUROPE 12024/21).
Concerning the Commission, first of all, an administrative decision adopted by the College on 28 March 2018 provides that Article 49 of the EU Staff Regulations - which requires that EU officials have the nationality of a Member State - will not apply to officials who are only British nationals, unless duly justified, in specific cases such as conflicts of interest or under international obligations. Exceptions to the nationality requirement for temporary and contract staff will be examined "generously and transparently", according to this decision.
In the EU Council, the status of current British officials will remain unchanged. The Parliament's Secretary-General had also indicated, in an internal note addressed to European Parliament members in May 2018, that British officials could stay.
Extensions of temporary and contract agents employed by the Parliament’s administration will, on the other hand, be examined on a case-by-case basis. "Nevertheless, as a matter of principle, contract extensions will not be refused solely on the basis of the nationality of the staff member", says a Parliament source. It will be up to the political groups to make a similar assessment of the temporary and contract agents they employ.
At what cost?
The United Kingdom is leaving, but British officials are staying. This raises the question of financing their salaries and pensions. Who will pay?
As the salaries of the institutions’ staff, irrespective of nationality, are financed from the EU budget, the UK will no longer contribute to these salaries from 2021. Once the post-Brexit transition period is over, it will no longer participate in the EU budget.
On the other hand, London will have to continue to cover the pension costs of current and retired British officials. The Withdrawal Agreement provides that the United Kingdom will continue to pay its contribution in respect of pension rights and other employment related benefits accrued by 31 December 2020 at the latest.
There is another price to pay, this time for the officials. Although allowed to stay, will they be able to claim the same positions and responsibilities as their counterparts?
Asked about this, a Commission source assures that senior officials in service will benefit from the institution's policy of non-discrimination on grounds of nationality even after the transition period.
"Appointments to senior management positions are based on the individual merits of each candidate. There is no legal reason to exclude established officials on the basis of their nationality", the source says.
The European Parliament Secretary General also undertook, in his internal note, "to ensure that the colleagues concerned are offered interesting career prospects".
A statement cautiously welcomed by a British national who has worked for several years as a political adviser in the European Parliament. She expects certain barriers will most likely be put in place. "We were reassured, but the reality could be quite different. We'll see", she said.
This political adviser to the Parliament does not rule out the possibility of applying for Belgian nationality, as many have already done. Although the Commission has said it sees "no advantage", this solution seems to remain a security measure for British EU officials. (Original version in French by Agathe Cherki – intern)