32 Amendments of Dietmar KÖSTER related to 2016/2224(INI)
Amendment 1 #
Draft opinion
Recital A
Recital A
A. whereas the Commission stated in its communication of 5 July 2016 that the protection of whistle-blowers, in both the public and private sectors, helps to address mismanagement and irregularities, including cross-border corruption, transnational tax evasion and unfair trading practices, which deprives European tax authorities of legitimate tax revenue and contributes to distort fair competition within the European single market;
Amendment 4 #
Draft opinion
Paragraph 1
Paragraph 1
1. Is of the opinion that since the effectiveness of the whistle-blowing environment is affected by cultural values, implementing an identical mechanism in all Member States may result in dysfunctional behaviour and needless costs, and that any measures taken should therefore be tailored to fit national contexts; stresses, however, that existing cultural differences do not detract from the need for legal protection of whistle-blowers in Member States; Stresses that whistleblowing is an important means of bringing to light otherwise secret information like revealing misconduct, wrongdoing or illegal activity, provided by Union or national law; notes that whistleblowing is not to be confused with denunciation; is of the opinion that whistleblowers are essential for the purpose of protecting the public interest, for ensuring transparency, for the fight against organised crime and tax evasion and tax avoidance, and that they are an essential pillar of the EU- strategy against corruption and for ensuring that companies and governments are called to account;
Amendment 6 #
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas the protection of whistle- blowers is essential in order to safeguard the public good and the financial interests of the European Union and to promote a culture of public accountability and integrity in both public and private institutions;
Amendment 8 #
Draft opinion
Recital Β
Recital Β
B. whereas the safeguarding of the confidentiality of the whistle-blowers’ information contributes to the creation of more effective channels for reporting fraud, corruption, wrongdoing, misconduct or other serious infringements, and whereas, given the sensitivity of the information, mismanagement of confidentiality may lead to undesired information leaks and a violation of the public interest of the Union;
Amendment 12 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is of the opinion that the protection of whistleblowers is essential for the freedom of expression, the plurality of opinions, democracy and freedom;
Amendment 13 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that there is a need for legal protection of whistleblowers in the European Union; reaffirms that the rule of law is beneficial for a culture of the freedom of expression;
Amendment 13 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas protection of whistle- blowers cannot be achieved only via legal measures but also fostering a cultural change in European societies. Encourages Member States and European Commission to build a narrative, which underlines the fundamental role that whistle-blowers play in our societies;
Amendment 14 #
Draft opinion
Paragraph 2
Paragraph 2
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 22 #
Draft opinion
Paragraph 3
Paragraph 3
3. Reaffirms the need for public institutions and private organisations to establish internal whistle-blowing procedures for their employees, setting out clear confidential routes for making disclosures close cooperation with workers representatives where possible internal whistle-blowing procedures in order to protect their employees; but insists that these procedures shall not replace legislation;
Amendment 28 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Expresses the need to establish 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 help internal and external whistleblowers in using the right channels to disclose their information while protecting their confidentiality and offering needed support and advice;
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 32 #
Draft opinion
Paragraph 2
Paragraph 2
2. SEmphasises the need for a legal protection of whistle-blowers in the European Union and at international level that should be of benefit for the individual whistle-blowers as well as in the public interest; recalls that legislation in most Member States is not extensive; stresses that protection of whistle- blowers should be harmonised at EU level; is of the opinion that a horizontal EU legal instrument providing for protection ofor whistle-blowers in the public and private sectors and, complemented by sectorial rules wouldill be the most efficient approach in order to ensure comprehensive and genuine protection of whistle-blowers;, reiterates in this regard its call on the Commission to present by the end of 2017 a legislative proposal defining the whistle- blowing and settproviding outfor common rules for the protection of whistle-blowers1 ; _________________ 1[1]. Reaffirms that the rule of law is crucial for a culture of freedom of expression. [1] European Parliament resolution of 25 October 2016 on the fight against corruption and follow-up of the CRIM resolution, Text adopted P8_TA(2016)0403. Text adopted P8_TA(2016)0403.
Amendment 33 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that whistleblowers act at high personal and professional risk and usually have to pay the costs for it; states that personal data of the whistleblowers should never be published; 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 has to be found in order to avoid a deterioration of their living conditions and falling into precariousness; notes that mentally and psychological help must be secured; notes that in court cases the legal fees of the whistleblowers have to be reimbursed;
Amendment 35 #
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that whistle-blowing is linked to freedom of the press and is essential in bringing to light illegal activities or activities which evidently severely harm the public interest; stresses that whistle- blowers are an important source of information for investigative journalism, and 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 in order to ascertain their sources.;
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 #
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 43 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. 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 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 62 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
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 69 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. States, that a clear solution for whistle-blowers working in EU-registered companies but based outside the EU, is needed.
Amendment 70 #
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls on the EU institutions to award a European whistle-blower prize to encourage a change in the perception of whistle-blowing and its connection to fundamental rights and that whistle- blowing is an act of good citizenship.
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.