Activities of Virginie ROZIÈRE related to 2018/0106(COD)
Plenary speeches (2)
Protection of persons reporting on breaches of Union law (debate) FR
Protection of persons reporting on breaches of Union law (debate) FR
Reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law PDF (3 MB) DOC (603 KB)
Amendments (18)
Amendment 69 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 16, 33, 43, 50, 53(1), 62, 91, 100, 103, 109, 114, 153(1),(a),(b),(e), 168, 169, 192, 207 and 325(4) thereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 31 thereof,
Amendment 111 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) In certain situations, infringements of EU labour-law provisions can be the subject of effective individual procedures to secure redress. On the other hand, where such infringements are systematic, they undermine the public interest and there is therefore a need to provide for the protection of those who report such infringements. In certain fields, difficulties with the implementation of European legislation have been observed, for example unacceptable resort to precarious employment. Improving the protection of whistleblowers in the field of labour law would thus improve the application of the law and ensure a high level of protection of workers in the internal market while ensuring fair competition between economic operators, avoiding recourse to social dumping strategies and ensuring that workers are not unfairly compelled to compete amongst themselves.
Amendment 200 #
Proposal for a directive
Recital 71
Recital 71
(71) Beyond an explicit prohibition of retaliation provided in law, it is crucial that reporting persons who do suffer retaliation have access to legal remedies and compensation. The appropriate remedy in each case will be determined by the kind of retaliation suffered, and damage suffered must be compensated in full. It may take the form of actions for reinstatement (for instance, in case of dismissal, transfer or demotion, or of withholding of training or promotion) or for restauration of a cancelled permit, licence or contract; compensation for actual and future financial losses (for lost past wages, but also for future loss of income, costs linked to a change of occupation); compensation for other economic damage such as legal expenses and costs of medical treatment, and for intangible damage (pain and suffering).
Amendment 203 #
Proposal for a directive
Recital 72
Recital 72
(72) The types of legal action may vary between legal systems but they should ensure as full and effective a remedy as possiblecompensation for the damage suffered. Remedies should not discourage potential future whistleblowers. For instance, allowing for compensation as an alternative to reinstatement in case of dismissal might give rise to a systematic practice in particular by larger organisations, thus having a dissuasive effect on future whistleblowers.
Amendment 215 #
Proposal for a directive
Recital 80 a (new)
Recital 80 a (new)
(80a) Some Member States have already implemented coherent and effective protections for reporting persons. When implementing this directive, attention should be paid to those Member State and this Directive should in no circumstances constitute valid grounds for reducing the general level of protection already afforded to reporting persons within those Member States and in the areas to which it applies.
Amendment 220 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of the individual protection of persons reporting breaches of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law:
Amendment 227 #
Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part
Article 1 – paragraph 1 – point a – introductory part
(a) breaches falling within the scope of the Union acts and acts implementing them, and especially those set out in the Annex (Part I and Part II) as regards the following areas:
Amendment 236 #
Proposal for a directive
Article 1 – paragraph 1 – point a – point x a (new)
Article 1 – paragraph 1 – point a – point x a (new)
(xa) workers' right
Amendment 245 #
Proposal for a directive
Article 1 – paragraph 1 – point d a (new)
Article 1 – paragraph 1 – point d a (new)
(da) any other act of wrongdoing that is prejudicial to the public interest protected by the law of the European Union.
Amendment 261 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) shareholders and persons belonging to the management body of an undertaking, including non-executive members, as well as volunteers and paid or unpaid trainees;
Amendment 432 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Reporting persons should be entitled to protection under this Directive if they have reasonable grounds to believe that the information reported falls within its scope.
Amendment 488 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Reparation for damages Member States shall take the necessary measures to ensure full reparation for damages suffered by reporting persons meeting the conditions set out in Article 13. This reparation may take the following forms: a) reintegration b) restoration of a cancelled permit, licence or contract; c) compensation for actual or future financial losses; d) compensation for other economic damages or non-material damages.
Amendment 506 #
Proposal for a directive
Article 19 – title
Article 19 – title
More favourable treatment and non- regression clause
Amendment 507 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States may introduce or retain provisions more favourable to the rights of the reporting persons than those set out in this Directive, without prejudice to Article 16 and Article 17(2).
Amendment 509 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States may introduce or retain provisions more favourable to the rights of the reporting persons than those set out in this Directive, without prejudice to Article 16 and Article 17(2).
Amendment 512 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
The implementation of this Directive shall under no circumstances constitute valid grounds for reducing the general level of protection already afforded to the reporting persons in Member States when reporting on breaches outside as well as within the scope of this Directive as defined by Article 1.
Amendment 513 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
Implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to reporting persons within Member States and in the areas to which it applies.
Amendment 574 #
Proposal for a directive
Annex I – part I – point J a (new)
Annex I – part I – point J a (new)