Activities of Jérôme LAVRILLEUX related to 2018/0106(COD)
Shadow opinions (1)
OPINION 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
Amendments (10)
Amendment 27 #
Proposal for a directive
Recital 1
Recital 1
(1) Persons who work for an organisation or are in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public interest which arise in this context. By ‘blowing the whistle’ they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society and the public interest. However, potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation.
Amendment 33 #
Proposal for a directive
Recital 5
Recital 5
(5) Accordingly, common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i) there is a need to strengthen enforcement; ii) under-reporting by whistleblowers is a key factor affecting enforcement, and iii) breaches of Union law cause serious harm to the public interest. In keeping with all these statements, whistleblower protection must ensure the reputation of companies is upheld, particularly if the subject of the report has not yet been proven.
Amendment 43 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18 a) In order to make full use of the provisions of this Directive, activities that are not deemed to be unlawful, but which would likely be detrimental to the public interest, should be potential subjects of reporting. A provision should thus be included to ensure that, in cases where reports relate to these activities, the reporting person is entitled to protection laid out in this Directive.
Amendment 69 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41 a) Generally speaking, and for all those activities and companies covered by this Directive, external and internal reporting channels should be coordinated effectively so as to cover as many situations as possible.
Amendment 73 #
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44 a) The confidentiality of the reporting person and anyone involved must be ensured so that the reporting process runs as smoothly as possible without any impediment, and so that self- censorship is avoided. Indeed, the protection of personal data is laid down in Union law and in national law, and said data requires all the more protection in the event of reporting.
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point d a (new)
Article 1 – paragraph 1 – point d a (new)
Directive 2018/0106
Article 1, paragraph 1, point d a (new)
Article 1, paragraph 1, point d a (new)
(da) infringements of those liberties, principles, common values and fundamental rights laid out in the Charter of Fundamental Rights of the European Union.
Amendment 167 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
Directive 2018/0106
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. The reporting procedure ought to be scaled in some way so as to ensure measures designed to protect whistleblowers are balanced.
Amendment 221 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Persons reporting information concerning breaches of Union law detrimental to the public interest externally to competent authorities or making a public disclosure in accordance with this Directive shall not be considered to have breached any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and incur liability of any kind in respect of such disclosure.
Amendment 222 #
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
Directive 2018/0106
Article 15, paragraph 5 a (new)
Article 15, paragraph 5 a (new)
5 a. Where the legal proceedings instituted against the whistleblower are a clear consequence of their reporting and there is sufficient evidence that they have been initiated with abusive intent, the competent court shall sanction the applicant for abuse of procedure.
Amendment 223 #
Proposal for a directive
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
Directive 2018/0106
Article 15 paragraph 5 b (new)
Article 15 paragraph 5 b (new)
5 b. Similarly, the reputation of the company the reporting person is calling into question must be protected throughout the reporting procedure to ensure that any allegation that proves to be false does not have lasting consequences for the company concerned.