18 Amendments of Marie-Christine BOUTONNET related to 2016/2224(INI)
Amendment 2 #
Motion for a resolution
Citation 3
Citation 3
— having regard to Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, in particular recitals 19 and 20 thereof,
Amendment 6 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to its resolution of 14 February 2017 on the role of whistleblowers in the protection of EU’s financial interests (2016/2055(INI)),
Amendment 22 #
Motion for a resolution
Recital C
Recital C
C. whereas a whistleblowers play an important role in rep is a person who, by means of a courageous and civic-minded act, informs in good faith the persons or authoriting unlawful or improper conductes which can put a stop to or punish it of conduct which is illegal or which undermines the public interest;
Amendment 25 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, however, the concept of the public interest recognised under EU law must not take precedence over respect for privacy or give rise to breaches of the right to protection of personal data, unless the law makes provision for such a step and provided that the essential nature of these rights is upheld and any action taken is consistent with the proportionality principle;
Amendment 27 #
Motion for a resolution
Recital D
Recital D
D. whereas a number of publicised whistleblowing cases have shown that whistleblowing brings serious wrongdoing to the attention of the public and of political authorities; whereas such wrongdoings have therefore been subject to corrective measures, however, the scope of the legal provisions on whistleblowers should not cover matters relating to national security, medical secrecy or lawyer-client confidentiality;
Amendment 85 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes ‘whistleblower’ to mean anybody who reports on or reveals information on, in a courageous and civic- minded gesture, reports in good faith to the authorities which can put a stop to it or punish it an unlawful or wrongful act or an act which underminesprejudicial to the public interest, in the context of his or her working relationship, be it in the public or private sector, of a contractual relationship, or of his or her trade union or association activities;
Amendment 95 #
3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, 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;
Amendment 96 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Makes it clear, however, that the concept of the public interest recognised under EU law must not take precedence over respect for privacy or give rise to breaches of the right to protection of personal data, unless the law makes provision for such a step and provided that the essential nature of these rights is upheld and any action taken is consistent with the proportionality principle;
Amendment 101 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Takes the view that the scope of the legal provisions on whistleblowers should not cover matters relating to national security, medical secrecy or lawyer-client confidentiality;
Amendment 150 #
Motion for a resolution
Paragraph 13
Paragraph 13
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 in accordance with the definition given above, the measures taken against him or her should be brought to an end;
Amendment 164 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out the risk that genuine whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; considers it necessarypoints out that a person who denounces or defames others or discloses information for malicious purposes and not solely in the public interest, and not with the aim of triggering the review procedures and debate which are fundamental to a democratic society, does not meet the definition of whistleblower; warns against any move to provide for a reversal of the burden of proof even in respect of retaliation against and pressure on whistleblowers, and advocates, at the very least, that a case should have been made and convincing evidence put forward before the protective measures afforded to genuine whistleblowers are granted; takes the view that confidentiality should be guaranteed throughout the proceedings; at the first stage of the proceedings, but not thereafter;
Amendment 173 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. BTakes the view that the procedure should be carried out in two stages: firstly, reporting within the undertaking, administration and/or the press, and then, once a sufficient case has been made, disclosure to the public and lifting of anonymity, so that genuine whistleblowers can be acknowledged by democratic society for their courage and civic- mindedness; believes that the option, at the first stage, to report anonymously would encourage whistleblowers to share information which they would not share otherwise; stresses, in that regard, that clearly regulated means of reporting anonymously should be introduced by each Member State, in keeping with the Charter and the principles enshrined in the Treaties;
Amendment 180 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that anobody shouldnymity during the first stage would ensure that nobody loses the benefit of protection on the sole grounds that he or she has legitimately misjudged the facts or that the perceived threat to the public interest did not materialise, provided that, at the time of reporting, he or she had reasonable and/or clear grounds to believe them to be true;
Amendment 185 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. In the light of the principle of actori incumbit probatio, which is common to all national legal systems and international dispute-settlement procedures, urges that the burden of proof should not be reversed, given that it should be necessary only if there are clear indications or a set of evidence to suggest that the person in question qualifies for whistleblower status;
Amendment 191 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the role that trade unions can play in supporting and helping whistleblowers in their dealings within their organisation;
Amendment 196 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that, in addition to the professional risks, whistleblowers also face psychological and financial risks; believes that psychological support should be provided, that the provisions on legal aid should be givenextended to whistleblowers who ask for it, that financial aid should be given to those who express a duly justified need for itpolice protection should be envisaged if necessary and that compensation for proven serious professional damages should be given as a protective measure if civil proceedings are brought against a whistleblower;
Amendment 205 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to designate, if a suitable national body already exists, or introduce an independent body responsible for collecting reports, verifying their credibility and guiding whistleblowers, particularly in the absence of a positive response from their organisation;
Amendment 210 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to pbroposeaden the establishment of a similar body at EU level responsible for coordinatingremit of the European Ombudsman to include the coordination at EU level of Member State activities, particularly in cross-border cases; believes that that European bodythe Ombudsman should also be able to collect reports directly, verify their credibility and guide whistleblowers when the response given by the Member State is obviously not appropriate; considers that the European Ombudsman’s mandate could be extended to serve that purpose;