27 Amendments of Dominique MARTIN related to 2018/0106(COD)
Amendment 24 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The role of whistleblowers shall consist in discouraging and preventing wrongdoing, fraud, mismanagement and corruption in order to promote respect for the law and transparency.
Amendment 27 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Whistleblower protection is necessary to enhance the enforcement of Union law on public procurement. It is particularly necessary in combating corruption, a scourge that is deeply rooted in many EU Member States, even to the point where a genuine unofficial economy exists.
Amendment 28 #
Proposal for a directive
Recital 6
Recital 6
Amendment 29 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The importance of whistleblowers can also be seen in economic intelligence: as this can be cross-border in scope, whistleblowers play a major role in bringing to light illegal acts carried out in other countries against national economic interests.
Amendment 36 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) Persons who report unlawful activities at their place of work should be guaranteed proper protection. Said protection should be provided in the workplace (against harassment, blackmail, unlawful redundancy practices, wage discrimination, wilful and unjustified attacks on the person’s career) and in their personal life (protection for whistleblowers and their close relations in the event of real threats made against them).
Amendment 40 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) Member States should also establish their own criteria, in line with the minimal bases set by this Directive, for appraising the relevance and veracity of information provided by whistleblowers, and the appropriate follow-up.
Amendment 43 #
Proposal for a directive
Recital 39
Recital 39
(39) The exemption of small and micro undertakings from the obligation to establish internal reporting channels should not apply to private undertakings active in the area of financial services. Such undertakings should remain obliged to establish internal reporting channels, without this becoming an excessive bureaucratic burden, in line with the current obligations set forth in the Union acquis on financial services.
Amendment 44 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) Regardless of their size and number of employees, workplaces need to cultivate a working environment within which persons feel confident in raising concerns about potential failings, misconduct or unlawful activities. Establishing the right culture where persons feel able to raise issues without the fear of being accused of being a ‘whistleblower’ or fear of retaliation or being disadvantaged in some way, whether within their current role or with a future employer is recommended. Such action would make it easier to distinguish between genuine warnings and rumours or unfounded complaints.
Amendment 45 #
Proposal for a directive
Recital 42
Recital 42
(42) Provided the confidentiality of the identity of the reporting person is ensured, it is up to each individual private and public legal entity to define, in line with the rules in force in the Member State in which it is established, the kind of reporting channels to set up, such as in person, by post, by physical complaint box(es), by telephone hotline or through an online platform (intranet or internet). However, reporting channels should not be limited to those amongst the tools, such as in-person reporting and complaint box(es), which do not guarantee confidentiality of the identity of the reporting person.
Amendment 47 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) Each individual private and public legal entity is duty bound to prepare in advance and in full transparency its own internal procedure(s) or kind(s) of channels. It should be easy for individuals to know about these procedures and channels and they should be easily accessible both within and from outside the entity.
Amendment 56 #
Proposal for a directive
Recital 54 a (new)
Recital 54 a (new)
Amendment 57 #
Proposal for a directive
Recital 54 b (new)
Recital 54 b (new)
(54b) The obligation to report internally may only be ignored if whistleblowers have legitimate doubts about their anonymity being protected when reporting, or if reporting internally would lead to known risks.
Amendment 66 #
Proposal for a directive
Recital 78 a (new)
Recital 78 a (new)
(78a) For the sake of fairness to all sides, there has to be a fair and proportional system of penalties for deliberately false accusations made in bad faith by whistleblowers against a private or public legal entity.
Amendment 102 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Such channels and procedures shall allow for reporting by employees of the entity. They may allow for reporting by other persons who are in contact with the entity in the context of their work-related activities, referred to in Article 2(1)(b),(c) and (d), butand the use of internal channels for reporting shall not be mandatory for these categories of persons, except in legitimate, proven cases of risks to the person’s anonymity or safety.
Amendment 104 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. These reporting channels shall be clearly defined by the entity and easily accessible both within and from outside the entity.
Amendment 115 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Reporting channels may be operated internally by a person or department designated for that purpose or provided externally by a third party, provided that the safeguards and requirements referred to in point (a) of paragraph 1 are respected. These channels shall be clearly defined by the entity to ensure the procedure is transparent and easy to use by the reporting person.
Amendment 117 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. A reporting person who wishes to report a problem or negligence shall use the channels and methods offered by the entity unless: (a) the reporting person has legitimate reason to doubt that his action will remain anonymous; (b) the reporting person has legitimate reason to fear for his professional or personal safety; (c) the legal entity has failed in its obligation and does not offer any appropriate reporting channels or methods. All reports made via a channel or method other than those clearly defined by the entity will be deemed inadmissible and it will not be possible to use said reports subsequently as proof when reporting externally.
Amendment 154 #
Proposal for a directive
Article 13 – paragraph 2 – point f a (new)
Article 13 – paragraph 2 – point f a (new)
(fa) he or she has reasonable grounds for doubting the anonymity of his action and may legitimately fear professional or personal reprisals.
Amendment 163 #
Proposal for a directive
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. A person who makes deliberately false accusations in bad faith may not benefit from the protection accorded by this Directive.
Amendment 165 #
Proposal for a directive
Article 14 – title
Article 14 – title
Prohibition of professional retaliation against reporting persons
Amendment 168 #
Proposal for a directive
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) unjustified negative performance assessment or employment reference;
Amendment 169 #
Proposal for a directive
Article 14 – paragraph 1 – point g
Article 14 – paragraph 1 – point g
(g) coercion, intimidation, job blackmail, harassment or ostracism at the workplace;
Amendment 172 #
Proposal for a directive
Article 14 – paragraph 1 – point i
Article 14 – paragraph 1 – point i
(i) unjustified failure to convert a temporary employment contract into a permanent one;
Amendment 173 #
Proposal for a directive
Article 14 – paragraph 1 – point j
Article 14 – paragraph 1 – point j
(j) unjustified failure to renew or early termination of the temporary employment contract;
Amendment 195 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that theall the parties concerned persons fully enjoy the right to an effective remedy and to a fair trial as well as the presumption of innocence and the rights of defence, including the right to be heard and the right to access their file, in accordance with the Charter of Fundamental Rights of the European Union.
Amendment 196 #
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall provide for effective, proportionate and dissuasive penalties applicable, under civil and/or criminal law, to natural or legal persons that:
Amendment 199 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall provide for effective, proportionate and dissuasive penalties applicable, under civil and/or criminal law, to persons making malicious and/or abusive and/or deliberately false reports or disclosures, including measures for compensating persons who have suffered damage from malicious or abusive reports or disclosures.