Bonum Certa Men Certa

EPO “Management by Fear... Within a System Which is Not Subject to Any Outside Control.”

Novethic article



Summary: A Novethic article translated into English, highlighting some of the core issues with legal immunity at international organisations, and at the European Patent Office (EPO) in particular

THE EPO saga, once it's over (it seems close to it, hence the high frequency of articles), may serve as a living warning to future presidents and a tribute to the power of EPO unions. The whole thing will leave the EPO better off, a lot stronger, and probably in compliance with the EPC, not just the law of the land in Europe.



"The whole thing will leave the EPO better off, a lot stronger, and probably in compliance with the EPC, not just the law of the land in Europe."With English subtitles, at long last, there is this video of a Dutch politician fighting for justice at the EPO. SUEPO has just published it. There is also a bunch of SUEPO translations into English, German and Dutch, based on this recent article in French ("Mal-être des salariés dans les institutions européennes"). We have made this copy of the translation [PDF] for long-term preservation purposes and put it in HTML form. Highlighted below in yellow are bits of increased importance (new information or phrases that deserve more attention):

Published 22 February 2016

SOCIAL IMPRINT

Misery and loathing among the staff in the European institutions



Suicides, burn-out, discrimination, and sacking of union officials at the European Patent Office (EPO) and at the European Central Bank (ECB) ... Staff unions and elected political figures alike are sounding alarm bells over the misery and distress of staff members within the European institutions. One issue in particular is the judicial impunity of these institutions: They do not answer to any national legislation, are not subject to any outside control, and institute their own rules and regulations. Figure that out....

New headquarters of the ECB in Frankfurt, Germany.

Claire Stam

It all started three years ago with anonymous letters. "They were coming from citizens living in my region of responsibility, alerting me to the serious problems with the management within the European Patent Office (EPO), based in Munich. They asked me not to divulge their names," we were told discreetly by Pierre-Yves Le Borgn’, Deputy for French Citizens Abroad for the Region of Germany and Central and Eastern Europe.

In response to the calls, the Deputy established contact with the people concerned, and, so far as was feasible, met up with them "very early in the morning, and kilometres away from EPO headquarters." They all made it clear to him the risk they were running by talking to him; "they immediately begged me not to reveal their identity for fear of disciplinary sanctions being taken against them."

At the EPO, the atmosphere is getting worse, and conflict is raging with the management

The institution, which issues the patents for 38 European countries, maintains a presence in Munich, Berlin, Brussels, The Hague, and Vienna. It employs 7000 highly qualified professionals, engineers who speak at least three languages, who dissect the latest inventions in all kinds of sectors. But, ever since 2010, the management and the staff union SUEPO have been in conflict; a date which coincides with the arrival of Frenchman Benoît Battistelli, and his policy of reforms, at the head of the EPO.

So exactly what are the employees upset about? An atmosphere at work tainted with fear and suspicion ("we have got to the stage where we don’t even trust the telephones provided in our offices” says one of the letters sent to the Deputy), the right to strike drastically limited, being kept under intrusive surveillance amounting to abusive intrusion, disciplinary measures, and the sacking of union representatives. And then there are the investigations and interrogations of staff members within the framework of the EPO "investigation unit". The list of recriminations is as long as it is worrying. And the distress is made worse by the five suicides of staff members which have occurred at the EPO in the last three years.

When contacted by Novethic, the Office proved unwilling to answer our questions. But in a letter sent to Pierre-Yves Le Borgn’ and made public, Benoît Battistelli refers to "an intense campaign of defamation waged by certain employees of the Office" against the management of the institution. He maintains that the "procedures being pursued are due to serious incidents which have occurred within the staff representation organization, and to which any responsible employer would necessarily have to react", such as the harassment of an elected member of the central committee who was opposed to the position adopted by SUEPO.

"I’ve never seen a conflict like it," exclaims the Deputy, who is a lawyer by training and who practiced in the private sector for some twenty years before taking up his political office. In his view, what is happening amounts to "management by fear," all the more serious for prevailing “within a system which is not subject to any outside control."

The European institutions: Places without the rule of law?

This is the heart of the problem. Being an organization which owes its existence to the European Patent Convention, the EPO has its own legislation when it comes to regulating the working conditions of its personnel. There is talk of judicial immunity, of a legal structure which gives the management a free hand when it comes to fashioning its own laws. For example, a Dutch or German labour inspector cannot set foot in the EPO offices unless Benoît Battistelli gives his authorization.

The Patent Office is not an isolated case. 400 kilometres away, in Frankfurt, the financial capital of Germany, is the headquarters of the European Central Bank (ECB). Carlos Bowles, president of the staff representative committee, does not mince his words: "These two immense glass towers are invitations to suicide."

Two surveys conducted among staff members of the Bank in 2014 and 2015 revealed real distress and misery. According to the evaluation known as the MBI (Maslach Burnout Inventory), carried out by an agency commissioned by the staff committee, a third of the 903 employees questioned, of the 2344 who work at the institution, presented a risk of overstrain; another third showed signs of exhaustion. And 4.5% indicated that they had thoughts of suicide. The root cause was the overburden of work and chronic understaffing due to the massive increase in the tasks involved since the financial crisis in 2007. Added to this are the fixed-term contracts which keep being repeated and the climate of "nepotism" resented by some of the staff. But, here again, the ECB did not choose to respond to our requests to give its version of the situation.

As far as Carlos Bowles is concerned, this wretched situation is further amplified by the judicial impunity enjoyed by the ECB. As with other European or international institutions (NATO, UNO, etc.), it is not the law of the country where the personnel work which actually applies.

"Due to the independence conferred on the ECB by the various treaties involved, German labour law is not applicable within the ECB, even though it’s located in Frankfurt ", the staff representative explains. And Carlos Bowles adds that "as far as the staff are concerned, the European Central Bank is not only an employer, it also takes on the role of legislator".

The law which applies to the staff of the ECB is a specific law, which is drawn up in a unilateral fashion by the Governing Council and the General Council, who are essentially attributed powers of a legislative nature, even though their members are not elected and their deliberations in these matters are shrouded in secrecy.

Confrontation for the ECB and the EPO

Silence about working conditions within the European institutions has been maintained for a long time, due to the high salaries and the many advantages which go with the jobs (financing of schools for the children, minimal rates of tax, etc.). But cracks are beginning to show. Little by little, these matters are coming to the attention of the legal powers that be.

Last December, the European Union Civil Service Tribunal (CST) severely censured the ECB for its discriminatory practices in its human resources policy. It was excluding staff representatives from one of the routes of access to promotions, due simply to their union activities. On 17 February 2015, the Court of Justice of The Hague (where one of the EPO branches is based) ruled that the Office was violating fundamental rights of its employees by causing obstructions to the activities of the in-house staff union. The EPO is lodging an appeal (see the arguments by Vice-President Willy Minnoye of the EPO).

Behind all these issues, one key issue remains to be resolved: What is the social impact of the judicial immunity which these international organizations enjoy?

Claire Stam, Frankfurt correspondent


I once received a bunch of legal documents from a victim of UN/US witch-hunts (more precisely, the US intimidating UN staff). I never got around to publishing anything about it (lack of clarity and documents primarily written in French), but this too showed the problems associated with immunity at international organisations. This led to extreme deterioration in health and then allegations of suicidal risk (induced by these witch-hunts). How about WIPO (UN-tied)? There too there were suicides, unlike say... in FIFA (which receives all the media attention right now because it's football).

Recent Techrights' Posts

Gnome Foundation Inc is in Trouble
the agenda is set GAFAM and IBM rather than donors
SLAPP Censorship - Part 22 Out of 200: When You Complain People Impersonate You in IRC (But You Yourself Impersonate People in IRC and Lock Them Out of Their IRC Handles)
We'll cover this with direct evidence some time soon
The Empty Suits of IBM Managers (NIH or "Nothing Invented Here")
IBM's management adopted the business model of parasites
Dr. Stallman’s Work Will Never be Considered 'Mainstream' Because He Rejects and Works Against the So-called 'Mainstream'
Try to be more like Stallman
EPO "Cocaine Communication Manager" - Part IX - Cocaine Addicts in Charge of the EPO Attacking Families of EPO Staff
Things like being high-profile and being a serious drug addict aren't opposites
 
SLAPP Censorship - Part 23 Out of 200: We Were Right All Along (for 2 Years) About Third Party Funding and Willingness to 'Break the Bank' in Pursuit of "Revenge"
How much damage can a person do to oneself in pursuit of cover-up of legitimate technical concerns?
Links 25/03/2026: Airports Further Militarised, "Slopification and Its Discontents", Microsoft 'Open' 'Hey Hi' Shutting Things Down
Links for the day
Gemini Links 25/03/2026: Blogging Fright and Absolutely Useless 'Apps' Made by Slop Machines
Links for the day
Rise in Energy Prices Will Significantly Accelerate the Death of So-called "AI Companies"
It should be noted that fake news about Microsoft OpenAI doubling workforce (mere words, not actions) can serve as a nice distraction from the death of Sora due to divestment
It's Always a Question of Trust
There's a widespread stigma of lawyers being manipulative and chronically dishonest
Solicitors Regulation Authority (SRA) Must More Carefully Investigate or Assess the Financial State of Law Firms in the UK
We'll cover this in depth in the future
GAFAM Mozilla Removes Theora Support, Now GNU Needs to Re-encode Videos
Mozilla used to mean something to Free software advocates
An Open Admission Profits Depend on Addiction
Proprietary software tends to be like this
IBM Americas President Ayman Antoun Comes to OpenText, Weeks Ahead the Mass Layoffs Begin
Is that what IBM will be good at?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 24, 2026
IRC logs for Tuesday, March 24, 2026
Gemini Links 24/03/2026: Junk Drawer Time Capsule and Building Outside Alire
Links for the day
Not Much LLM Slop About "Linux" Lately, It Only Ever Comes From the Same Few Sites
As long as only few such sites use LLM slop we can skip and avoid them
Links 24/03/2026: "Epic Lays Off Over 1000 Employees" and US in Financial Trouble According to the Fed
Links for the day
The "Media" Does Not Only 'Miss' Mass Layoffs
"The Treasury just declared the U.S. insolvent. The media missed it"
2012: 'Secure' (Microsoft-Controlled) Boot Has Not (Yet) Been Made Obligatory. 2026: systemd Has Not Implemented Age Verification
should we stop calling "nazi" everyone we don't agree with?
More Threats (Including Physical Threats) Against Us Are a Dumb Move
It's like a "hit list" (targets list) and I shall keep the police duly informed
New Example of Pentagon in "Feminist" Clothing Inside Fake News of Publishers Paid to Promote Outsourcing to US ("Clown Computing") and American Slop
Google now pays money to promote Google as a friend of women
Hating Techrights is a Career
but is it good for civil society?
The New Layoffs: 'Silent Layoffs', 'Secret Layoffs', 'Quiet Layoffs', 'Passive Layoffs' 'Stealth Layoffs', and Unannounced Layoffs Disguised as Return-to-Office (RTO Mandates)
The US needs to revisit and fix the WARN Act
What Feminism in Science Means (Codes of Conduct Don't Tackle the Real Issues)
Universality matters, more so in a project or community that's said to build the "universal operating system" (Debian)
SLAPP Censorship - Part 21 Out of 200: It's About Behaviour Online, Not How Much Money From Shadowy Third Parties Gets Spent on Lawyers and Two Barristers
75+ KG of legal papers, 2 cases, 2 barristers (one hiding in the metadata) and maybe two law firms (also hiding in the metadata) against two modest people in Manchester seems disproportionate and vindicative
Links 24/03/2026: "Airports on ICE" and "Have You Paid Your “Intuit Tax”?"
Links for the day
Gemini Links 24/03/2026: Slop Interview and Why Slop Makes Lousy Code
Links for the day
Richard Stallman to Give Public Talk This Thursday at the University of Bologna (Italy)
Hardly the first time he speaks in Bologna
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 23, 2026
IRC logs for Monday, March 23, 2026
Gemini Links 23/03/2026: "Mandatory" Bad Things and Dangers of Perfection Aspirations
Links for the day
SLAPP Censorship - Part 20 Out of 200: All Roads Lead to Rome and to GAFAM Funding
Now about 10% into this series
Last Week's EPO Strike Was the Biggest (Highest Participation Rate), Hours Ago General Assembly Discussed Next (Growing) Intensity of Strikes
Well done and well attended
Mass Layoffs at HashiCorp, IBM Hid Them
The media did not mention those layoffs
Microsoft Downgraded on Concerns (Lack of Growth) Amid Silent Layoffs in 2026
The press isn't functioning anymore
Links 23/03/2026: Gulf Water at Risk, Heatwave in Malaysia
Links for the day
Slop Means False, New Article by Cybershow
"We are living in a world that is rapidly divesting from reality."
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026