Activities of Angel DZHAMBAZKI related to 2018/0106(COD)
Legal basis opinions (0)
Amendments (11)
Amendment 87 #
Proposal for a directive
Recital 4
Recital 4
(4) Whistleblower protection currently provided in the European Union is fragmenteddiverse across Member States and uneven across policy areas, depending on the national provisions already in place or the overall national legislative structure. The consequences of breaches of Union law with cross-border dimension uncovered by whistleblowers illustrate how insufficient protection in one Member State not only negahighlight the challenges with regard to the effectively impacts on the funclementationing of EU policies in that Member State but can also spill over into other Member States and the Union as a wholeand the need for improving cross-border cooperation mechanisms where needed.
Amendment 89 #
Proposal for a directive
Recital 5
Recital 5
(5) Accordingly, a set of common minimum standards, unanimously agreed by all EU Member States, 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.
Amendment 196 #
Proposal for a directive
Recital 66
Recital 66
(66) Where retaliation occurs undeterred and unpunished, it has a chilling effect on potential whistleblowers. A clear prohibition of retaliation in law hasmay among other possible instruments have an important dissuasive effect, further strengthened by provisions for personal liability and penalties for the perpetrators of retaliation.
Amendment 362 #
Proposal for a directive
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
ea) setting of a strict and clear hierarchy of channels and procedural steps.
Amendment 371 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall designate the authorities competent to receive and, handle reports. and set the hierarchical procedural structure.
Amendment 383 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority and that the reporting person is informed, with due regard to relevant data protection legislation.
Amendment 446 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. A person reporting to relevant bodies, offices or agencies of the Union on breaches falling within the scope of this Directive shall qualify for protection as laid down in this Directive under the same conditions as a person who reported externally in accordance with the conditions set out in paragraph 2.
Amendment 451 #
Proposal for a directive
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. A person publicly disclosing information on breaches falling within the scope of this Directive shall only qualify for protection under this Directive where:
Amendment 453 #
Proposal for a directive
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
a) he or she first reported internally and/or externally in accordance with Chapters II and III and paragraph 2 of this Article, but no appropriate action was taken in response to the report within the timeframe referred to in Articles 6(2)(b) and 9(1)(b) and the facts intended to be disclosed are of imminent importance to the general public; or
Amendment 456 #
Proposal for a directive
Article 13 – paragraph 4 – point a a (new)
Article 13 – paragraph 4 – point a a (new)
aa) he or she shall not be deemed protected under this Directive, where he or she is not acting in good faith and purposefully using an external public channel to disseminate false information.
Amendment 497 #
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
d) breach the duty of maintaining the confidentiality of the identity of reporting persons, where certain confidentiality regimes, as set forth in this Directive, apply.