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Time to turn Brexit speeches into treaties, EU chief Juncker tells Theresa May

Britain must "translate speeches into treaties" and come up with a detailed plan for its post-Brexit ties with the EU, European Commission President Jean-Claude Juncker said on Tuesday.

Published: 13 March 2018 17:34 CET

Time to turn Brexit speeches into treaties, EU chief Juncker tells Theresa May

EU leaders have been pressing British Prime Minister Theresa May to clarify what she wants before they agree their position on the future economic
partnership at a summit later this month.

A series of speeches by May and her senior ministers have done little to satisfy Brussels, and Juncker warned it was particularly crucial for London to
clarify its plans for the sensitive issue of the Irish border.

Heckled by eurosceptic British MEPs while he was speaking, Juncker told them a time would come when “you will regret your decision” to leave the bloc.

“As the clock counts down with one year to go, it is now time to translate speeches into treaties, to turn commitments into agreements, broad suggestions and wishes on the future relationship into specific workable solutions,” Juncker told the European Parliament in Strasbourg.

He said it was “especially important” that Britain comes up with concrete proposals for the border between British-ruled Northern Ireland and the Republic of Ireland, which is staying in the EU.

Both Britain and the EU have vowed to avoid the return of customs checks to the border and an interim deal in December left some flexibility on the issue, but an EU text putting the agreement into law has sparked a fresh row with London.

Irish border 'a European issue'

The draft EU text published last month says Northern Ireland must stay in a customs union with the rest of the bloc if no better way is found to avoid a hard Irish border — which Britain rejects.

Juncker told MEPs the draft text simply translated the December accord into legal language and “should not come as a shock”.

And the former Luxembourg PM warned London the EU institutions and member states stood squarely in support of Ireland on the issue.

“For us this is not an Irish issue, it is a European issue. It is all for one and one for all — that is what it means to be part of this union,” he said.

EU Council President Donald Tusk warned last week that the Irish border issue must be solved before negotiations can move on to other issues.

Britain hopes to begin talks on the future trading relationship with Brussels next month, and May set out her proposals for a new wide-ranging free
trade agreement in a speech on March 2.

In the speech May suggested Britain would commit to keeping some EU regulations and standards while reserving the option to diverge in others.

The bloc has repeatedly dismissed such an idea as “cherry-picking” and EU chief Brexit negotiator Michel Barnier once again rejected on Tuesday.

“It's a rather surprising idea to think the EU 27… could accept convergence when the UK wants it and at the same time leave the possibility
for divergence where there is a comparative advantage to be had,” Barnier told MEPs.

He also dismissed British suggestions they could take part in EU agencies after Brexit without submitting to rulings by the European Court of Justice.

EU 'open for business'

The European Parliament — which will have the final veto on any Brexit deal — will vote on Wednesday on a proposal to offer Britain an “association
agreement” which it says would be broader than a trade deal.

The agreement would be based around four “pillars” — trade, foreign policy and security cooperation, internal security and “thematic” cooperation, which includes education and research programmes.

The European Parliament's Brexit coordinator Guy Verhofstadt said talks he held with May and her Brexit minister David Davis last week had left him
confident London would “see the advantages of such an approach”.

An association agreement would give “a vision, an architecture” to post-Brexit relations and avoid a repetition of the complex web of individual
agreements the EU has with Switzerland.

Barnier meanwhile said a whole range of options for third-country cooperation were on the table — the EU has previously cited trade deals of the type it has with Canada and South Korea.

“We are open for business. It's the UK that is closing doors,” Barnier said.

INTERVIEW: 'A lot of people think Brexit is done, but it's not for Brits in Europe'

In the early days of 2021, after the United Kingdom had left the EU and completed the final stage of Brexit, many British citizens returned to their home countries in Europe only to face a grilling at the border.

Though the Withdrawal Agreement (WA) technically guaranteed their right to live and work in the countries they’d settled in before Brexit, there was widespread confusion about these fundamental rights and many were treated like new arrivals.

Over time, the chaos at the airports subsided as border officials and airlines were given clearer guidance on the treatment of Brits. But three years later, a number of Brits who live on the continent still face problems when it comes to proving their post-Brexit rights.

This was the reason campaign group British in Europe decided to set up their new EU-funded ICE project. Starting this year in March, it aims to build valuable connections between UK citizens abroad and mentor the next generation of civil rights advocates around the continent. The acronym stands for ‘Inform, Empower, Connect’ and the project’s organisers describe it as “the first project of its kind”.

“It’s a completely innovative project – especially the fact that it’s across so many countries,” Jane Golding, chair of British in Europe and one of the project’s founders, told The Local.

Bringing together groups from 11 EU member states, the project aims to train up volunteers to understand both the Withdrawal Agreement and EU Charter of Fundamental Rights, as well as learning skills like advocacy and communication, using real-life civil rights cases that are referred to British in Europe.

“The ultimate goal is to amplify the messages across the wider group,” said Golding. “You start with the volunteers, they go back to their groups, then the people that we train, they go back and train people. Then they pass on that knowledge to the wider groups, on their Facebook accounts and through social media, and hopefully it all snowballs, not just in their countries but across the EU.”

‘Far-reaching repercussions’

So many years after Brexit, it’s hard to believe that there’s still a need for a project like ICE that empowers Brits to protect their rights. Indeed, the future of groups like British in Europe and regional groups like British in Germany and Spain-based group EuroCitizens felt uncertain just a year or two ago.

But Golding says there are still serious issues cropping up for Brits in several countries around Europe – they just have a different quality to the problems that arose at the start.

“In some ways it’s needed even more because as we predicted right at the beginning, at the first stage of implementation, you’ve got the more routine cases,” she explained.

“What we’re seeing now is not as many cases, but when the cases come up, they’re complex. They can have such far-reaching repercussions on people’s lives. And of course, memories start to fade. A lot of people think Brexit is already done, but it’s not.”

Volunteers in British in Europe ICE project

The volunteers of the British in Europe ICE project pose for a photo at the kick-off meeting in Brussels on May 21st, 2024. Photo courtesy of British In Europe

Though the rights set out in the Withdrawal Agreement apply across the continent, different countries have taken different approaches to implementing them.

That means that while in Germany, for example, UK citizens simply had to declare that they lived in the country, people in neighbouring Denmark had to apply for their rights.

This led to a notorious situation in Denmark in which as many as 2,000 Brits were threatened with deportation after not applying in time or completing the right application process. According to Golding, this had a lot to do with the fact that people who arrived in 2020 weren’t given the same information as other UK migrants who arrived before.

In Sweden, meanwhile, the situation is still difficult for many Brits who lived there prior to Brexit.

“There have been issues with an anomalously high numbers of refusals compared to other countries, and they seem to be taking a very strict approach on late applications,” Golding explained.

Portugal has been another difficult case. Although the country opted for a declaratory system where Brits could simply exchange old residence documents for a new ID card after Brexit, reports suggest that the authorities have taken years to issue these cards, leaving many of the some 34,000 Brits in the country in limbo.

“While people are still waiting to have their status confirmed and have their card in their hand, it’s difficult to access a whole range of services, like health services, or applying for jobs or dealing with the authorities, or even going to the bank,” Golding said. “All of these problems just affect people’s lives.”

A French border guard checks a passport at the border

A French border guard checks a passport at the border. Photo by DENIS CHARLET / AFP

There are also concerns about the EU’s new exit and entry system (EES), due to come into force in October, which is based on biometric documentation.

“We still do not have clear data on how many people in declaratory countries like Germany, where it wasn’t compulsory to apply for the card, don’t actually have a card,” Golding said. “How is that going to play out if it’s a document-based digitalised system?”

A lack of support

In the immediate aftermath of Brexit, funding from the UK’s Foreign, Commonwealth and Development Office (FCDO) was still available to support NGOs in Europe helping Brits with their migration and civil rights issues. But that temporary funding soon expired, leaving groups like British in Europe largely on their own.

“The whole point is people’s lives change at very different paces,” Golding said. “And now this project is really going to start to pick up some of those cases and report on those issues, which is really crucial and exciting for the precedent that it sets, and it’s very clearly necessary still, because people don’t just sort their lives in the 18 months that the FCDO chose to supply that funding.”

This feeling of being left alone and increasingly isolated from the UK is one that many Brits in Europe have felt in the aftermath of Brexit. But the upcoming UK election on July 4th could be a game-changer.

This time, following a change in the law, Brits who have lived abroad for more than 15 years will be able to vote for the first time.

Polling station in the UK

A polling station in the UK. Photo by Elliott Stallion on Unsplash

When it comes to the election, the message from British in Europe is clear: “Make your voice count now, make your vote count, make sure you use it,” Golding said.

With the June 18th registration deadline fast approaching, BiE is advising UK citizens abroad to apply for a proxy vote as soon as possible, rather than relying on a postal vote from abroad. Since the 15-year rule was abolished on January 16th, more than 100,000 British citizens have registered to vote, according to official statistics. It is unclear how many were registered before the change in the law.

With an estimated 4.7 million Brits currently living abroad – 1.3 million of whom are in the EU – this could have a significant impact on the electoral landscape, Golding says. But most significantly, the change is creating a feeling of connection and belonging that wasn’t there before.

Nurturing this sense of belonging is one of the main goals of ICE.

With these bridges being built, British in Europe hopes to create a network of support that spans across borders.

“Now we’ve met. We’re going to meet,” said Golding. “We know we’re going to meet again in Berlin in October and then we’ll meet again in the new year in 2025 as well. It means a huge amount because even British in Europe, our steering team, we’ve only met physically three times.”

This opens up the possibility of people sharing their knowledge from country to country, Golding explained.

“There is crossover and the reassurance of having that EU wide view and knowing that you’re not alone and knowing that in this country, we managed to get this solution,” she said. “And then you can go back and say to the authorities in your country, well, in that country they did that – all of that helps. It’s really good.”

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