European Papers (Oct 2019)
Towards Common Minimum Standards for Whistleblower Protection Across the EU
Abstract
(Series Information) European Papers - A Journal on Law and Integration, 2019 4(2), 575-588 | European Forum Insight of 31 October 2019 | (Table of Contents) I. Introduction. - II. The need for whistleblowers protection. - III. The legal basis. - IV. Content of the Proposal. - IV.1. Whistleblowers and their reports. - IV.2. Reporting channels. - IV.3. Protection measures. - IV.4. Penalties. - IV.5. Protection of the concerned persons and legal entities. - V. Final considerations. | (Abstract) This Insight describes the content of the Proposal for a Directive on the protection of persons reporting on breaches of Union law, approved with amendments by the European Parliament and formally adopted by the Council on 7th October 2019. The Directive, which will now be formally signed and published in the Official Journal, aims to enhance the enforcement of Union law and policies in specific areas by laying down common minimum standards to protect whistleblowers. This is pursued primarily through a broad definition of them, covering those who, by virtue of work-related activities, both in public and private sector, have privileged access to information about breaches that could cause serious harm to public interest and who may suffer retaliation if they report them. Furthermore, by ensuring clear and confidential reporting channels, available to report both internally and externally the work-place and, under certain conditions, the opportunity of public disclosure. The Proposal provides for a high level of protection: any form of retaliation, whether direct or indirect, is prohibited and punished. If despite this, whistleblowers do suffer retaliation, some measures of protection are envisaged, such as free advice and legal assistance, adequate remedies, the reversal of the burden of proof, immunity for liability, financial and psychological support. Although the legislative proposal represents an essential step towards the protection of whistleblowers, some critical issues persist and are examined in the final considerations.
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