Activities of Virginie ROZIÈRE related to 2016/2224(INI)
Plenary speeches (1)
Legitimate measures to protect whistle-blowers acting in the public interest (short presentation) FR
Reports (1)
Report on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies PDF (597 KB) DOC (124 KB)
Amendments (41)
Amendment 1 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the European Convention on Human Rights, in particular Article 10 thereof,
Amendment 3 #
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to Directive (EU) 2013/30 of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC,
Amendment 4 #
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
– having regard to Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC,
Amendment 5 #
Motion for a resolution
Citation 3 c (new)
Citation 3 c (new)
– having regard to Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC,
Amendment 11 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to Resolution 2171 (2017) of the Parliamentary Assembly of the Council of Europe of 27 June 2017 calling on the national parliaments to recognise the 'right to blow the whistle',
Amendment 14 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. Whereas the protection of whistle- blowers in the European Union should not only be limited to European cases, but should also apply to international cases.
Amendment 19 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses that in democratic and open states based on the rule of law, citizens have a right to know about violations of their fundamental rights and to denounce them, including those involving their own government;
Amendment 20 #
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Notes that the culture of whistle- blowing is contested and ill-conceived in many Member States and among the European public; highlights the need for a change in the perception of whistle- blowing and its connection to fundamental rights; states that whistle- blowing should be promoted as civic engagement and as an act of good citizenship supported by communication, learning, education and training; states, that within the “risk society” information brought to light by whistle-blowers is needed to conduct a public discourse about the dangers and opportunities of social and technological innovation; therefore encourages the Member States to start a public dialogue on whistle- blowing in order to raise awareness and to incentivise citizens to speak up if they discover misconduct, wrongdoings or fraud;
Amendment 21 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that whistle-blowing plays a crucial role in the fight against corruption and other serious crimemisconduct, wrongdoing, activities that harm the public interest or criminal or illegal activities; notes that throughout the recent cases of whistle-blowing, it has become evident that whistle-blowers play a crucial role in unveiling serious violations of fundamental rights; points out that the protection of whistle- blowers should not be limited only to cases where confidential information is revealedof illegal activities, but to all cases of disclosure of misconduct or, wrongdoing or involvement in illegal activities; points out that the existing Union legislation on protection of whistle-blowers is scattered and that the protection of whistle- blowers across the Member States is uneven, which often impacts negatively on EUthe Union policies;.
Amendment 28 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the need for a common and broad definition of whistle-blowing and whistle-blowers in order to ensure suitable legal protection for whistle- blowers and the smooth functioning of the EU body mentioned in paragraph 4;
Amendment 33 #
Motion for a resolution
Recital E
Recital E
E. whereas whistleblowing has proved useful in a number of areas, such as public health, taxation, the environment protection, consumer protection, combating corruption and upholding social rights;
Amendment 37 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recognises that every person who contributes information to a relevant authority or who discloses an infringement in another appropriate way has to have the right to legal protection.
Amendment 40 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas investigative journalism and the independent press remain vulnerable in the context of the disclosure of sensitive information, and whereas members of these professions must enjoy the same protection as the whistleblowers they protect in the name of the confidentiality of their sources;
Amendment 40 #
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern at retaliation against whistle-blowers in their personal and professional livesStates that whistle-blowers are extremely vulnerable to retaliation attacks; expresses its concern for the labour and personal retaliation, and at the possibility tof initiatinge criminal and civil judicial proceedings against whistle- blowers; and calls for the creation of a clear horizontal legal framework that includes definitions, and protection against different forms of reprisals, and for exemptions from criminal and civil proceedings, according to the criteria to be established;.
Amendment 46 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that no employment relationship should restrict someone’s right of freedom of expression and no one should be discriminated against in cases of exercising that right.
Amendment 47 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights that whistle-blowers act at high personal and professional risk and may pay a high price; is therefore of the opinion that measures for the alleviation of those costs and adequate compensation have to be established; states that a new workplace should be found in order to avoid a deterioration of their living conditions and falling into precariousness; notes that mental and psychological help must be secured; notes that in court cases the legal fees of the whistle-blowers have to be reimbursed; states that personal data of the whistle- blowers should never be published;
Amendment 48 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Emphasises that the protection of whistle-blowers also applies if the expressed suspicion is in the end not confirmed if the person acted in good faith.
Amendment 49 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the creation of legal and secure disclosure channels at national level to facilitate reportingExpresses the need of a complaints system managed by a centralised and independent authority; calls therefore for the creation of an independent information-gathering, advisory and referral EU body, with offices in Member States which are in a position to receive reports of irregularities, with sufficient budgetary resources, adequate competences and appropriate specialists, in order to the competent authorities of information on threats to the public interestlp internal and external whistle-blowers in using the right channels to disclose their information while protecting their confidentiality and offering needed support and advice;
Amendment 59 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that whistle-blowers are an important source of information for investigative journalism; calls on the Member States to ensure that the right of journalists not to reveal a source’s identity is effectively and legally protected; stresses that journalists, in case that they themselves are the source, should be protected and that authorities in both cases should refrain from using surveillance;
Amendment 65 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Highlights the important role of the media in unveiling illegalities or misconduct, notably when these infringe upon the fundamental rights of citizens; expresses its continued support for investigative journalism and media freedom;
Amendment 67 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the EU institutions, in cooperation with all relevant national authorities, to introduce and take all necessary measures to protect the anonymity and confidentiality of the information sources in order to prevent any discriminatory actions or threats;
Amendment 70 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to present a horizontal legislative proposal with a view to effectively protecting whistleblowers in the EU before the end of this year; stresses that there are at present a number of possibilities for legal bases enabling the EU to take action on the matter; calls on the Commission to consider all those possibilities with the aim of proposing a broad coherent and effective mechanism;
Amendment 72 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that any future normative framework should take into account the rules, rights and duties that govern and impact on employment; further emphasises that this should be done in consultation with social partners and in compliance with collective bargaining agreements;
Amendment 74 #
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that freedom of expression and information, as well as the strong substrate component of civic morality,the protection of whistle-blowers is essential for the freedom of expression and information, the plurality of opinions, democracy and freedom and this must be taken into account when assessing the protection of thed public interest.
Amendment 86 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. considers that individuals who are outside the traditional employee-employer relationship, such as consultant, contractors, trainees, volunteers, students workers, temporary workers, former employees as well as citizens should also be given access to reporting channels and appropriate protection when they reveal information on an unlawful or wrongful act or an act which undermines the public interest;
Amendment 91 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, criminal offences, breaches of legal obligation, miscarriage of justice, abuse of authority, conflicts of interest, unlawful use of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers’ rights and other social rights and attacks on human rights and acts to cover up any of these breaches;
Amendment 105 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistleblowers contribute to democracy, transparency of politics and economy, public information and have proved to be a crucial resource for investigative journalism and for an independent press;
Amendment 107 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that whistleblowers are proving to be a crucial resource for investigative journalism and for an independent press; emphasises that for this reason members of these professions are vulnerable in the context of the disclosure of sensitive information and must therefore enjoy the same protection as the whistleblowers they protect in the name of the confidentiality of their sources;
Amendment 114 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises that protecting whistleblowers is essential if instances of serious wrongdoing are to be brought to the attention of the authorities and the general public; emphasises, further, that the role of whistleblowers must be recognised and the relevant rules harmonised at European level, in order to deter reprisals against them;
Amendment 121 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of reportingprotection, which may deter potential whistle-blowers from reporting what they know; stresses that the absence of clearly identified means of reporting causes a number of whistleblowers to remain silent; expresses its concern about the retaliation and pressures which whistleblowers face when they address the guilty person or party in their organisation;
Amendment 124 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of reporting; stresses that the absence of clearly identified means of reporting causes a number of whistleblowers to remain silent; expresses its concern about the retaliation and pressures which whistleblowers face when they address the guiltywrong person or party in their organisation;
Amendment 138 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the whistleblower should give priority to teach organisation should set clear reporting channel allowing the whistleblower to blow the whistle inside his or her organisation’s internal reporting mechanisms or to the competent authorities; stresses, however,, underlines that each employee should be informed of that reporting procedure, which should guarantee confidentiality and a treatment of the alert in an reasonable time; underlines that in the absence of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, he or she must be able to turn to non-governmental organisations or the press;
Amendment 140 #
11a. recalls the right of the public to be informed of any wrongdoing that undermines the public interest, underlines in that respect that it should always be possible for a whistleblower to publicly disclose information on an unlawful or wrongful act or an act which undermines public interest;
Amendment 149 #
13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her should be brought to an end and whistleblower should receive full compensation for the prejudice and damage incurred;
Amendment 158 #
13b. Notes that investigative journalists and members of the independent press pursue a solitary profession in the course of which they face many kinds of pressure; emphasises, therefore, that it is essential that they should be protected against all attempts at intimidation;
Amendment 160 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expresses its concern about the practice of gagging orders, which involve filing or threatening to file lawsuits against the whistleblower not in an effort to have him or her convicted, but in an effort to bring about self-censorship or financial, mental or psychological exhaustion; believes that such abuse of process should be subject to criminal penalties and sanctions;
Amendment 167 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; considers it necessary to provide for a reversal of the burden of proof in respect of retaliation against and pressure on whistleblowers; takes the view that confidentiality should be guaranteed throughout the proceedings and that the identity of the whistleblower shall not be revealed without his or her consent; underlines that a breach of identity without the whistleblower' consent should be subject to criminal penalties and sanctions;
Amendment 199 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Member States, with a view to making these measures effective, to consider the advisability of setting up national compensation funds;
Amendment 203 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to introduce an independent body, with sufficient budgetary resources and adequate personnel, responsible for collecting reports, verifying their credibility and guiding whistleblowers, particularly in the absence of a positive response from their organisationzation, following the response given to the alert and publishing an annual report on the alerts received and their treatment ;
Amendment 209 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to propose the establishment of a similar body at EU level, with sufficient budgetary resources and adequate personnel, responsible for coordinating Member State activities, particularly in cross-border cases; believes that that European body should also be able to collect reports, verify their credibility and guide whistleblowers when the response given by the Member State is obviously not appropriate; suggests that the latter publish an annual report on the alerts received and their treatment; considers that the European Ombudsman’s mandate could be extended to serve that purpose;
Amendment 217 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Believes that as once an alert has been recognized serious, it should lead to proper investigation and followed by appropriate measures;