23 Amendments of Pervenche BERÈS related to 2016/2224(INI)
Amendment 1 #
Draft opinion
Recital A
Recital A
A. whereas respect for democracy, the rule of law and fundamental rights are key founding values of the EU, as set out in Article 2 TEU and in the Charter of Fundamental Rights, and whereas freedom of expression is explicitly safeguarded by Article 11 of the Charter, as well as the right of good administration by article 41 of the Charter of fundamental Rights;
Amendment 4 #
Draft opinion
Recital A a (new)
Recital A a (new)
A a. Whereas the current and sectorial protection offered to whistle-blowers is largely inadequate and is too disjointed to offer a coherent framework in the EU;
Amendment 6 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the European Parliament has established two special committees and one committee of inquiry following these revelations;
Amendment 7 #
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas EU law already contains certain provisions protecting whistle- blowers against reprisals,but does not yet provide for horizontal legislation applying to all public and private bodies; whereas fragmented provisions might prove inefficient, creates loopholes and discrimination;
Amendment 11 #
Draft opinion
Recital A c (new)
Recital A c (new)
A c. whereas an effective protection of whistle-blowers would contribute to the efficiency of the internal market and reinforce the citizens' trust in the EU;
Amendment 13 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas, because of the lack of protection, one might not be willing to blow the whistle to avoid the risk of reprisal and/or retaliation;
Amendment 17 #
Draft opinion
Recital C
Recital C
C. whereas EU law already contains certain provisions protecting whistle- blowers against reprisals, including with regard to money laundering, but does not yet provide for horizontal legislation applying to all public and private bodies; whereas fragmented provisions might prove to be unclear and inefficient;
Amendment 21 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the European Court of Human Rights has a well-established case law regarding whistle-blowers;
Amendment 22 #
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas the Charter of Fundamental Rights of the European Union ensures the freedom of expression and the right to good administration;
Amendment 23 #
Cc. whereas an effective protection of whistle-blowers would contribute to the efficiency of the internal market and reinforce the citizens’ trust in the EU;
Amendment 24 #
Draft opinion
Recital C d (new)
Recital C d (new)
Cd. whereas the European Parliament called for a protection of whistle-blowers in several reports, such as the two reports “Tax rulings and other measures similar in nature or effect” and the report “Bringing transparency, coordination and convergence to corporate tax policies in the Union”;
Amendment 32 #
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to present horizontal legislation to protect whistle- blowers as soon as possibl, covering public and private sector without any distinction, as soon as possible, and where necessary to adapt existing regulations to this purpose;
Amendment 32 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Is convinced that the EU should take action by means of a horizontal legislation, in accordance with its objectives regarding democracy, pluralism of opinions and freedom of expression;
Amendment 36 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to look at the best practices employed in protecting whistle-blowers around the world, especially in the EU Member States and, on that basis, to takelaborate a holistic approach to the task of introducingpropose a common regulatory framework which guarantees a high level of protection across the board in both the public and private sectors; reiterates its call for proposals to be submitted by the end of 2017;
Amendment 37 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers it necessary to settle a clear legal definition of “whistle-blower”;
Amendment 40 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that several legal bases enables the EU to take action on the matter; calls on the Commission to consider all those options and to present a horizontal legislative proposal with the aim of proposing a coherent and effective protection to whistle-blowers;
Amendment 47 #
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Considers it appropriate to settle a legal definition of "whistle-blowers" covering a broad scope of working relationships and covering disclosure of information on an unlawful or wrongful act or an act which undermines the public interest;
Amendment 54 #
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view thatRecalls that that, in the meanwhile, current EU law shouldhas to be applied whenever appropriate by both the EU institutions and the Member States, and that it should be interpreted in such a way as to offer whistle-blowers the best possible protection;
Amendment 58 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Member States to establish transparent and clear channels for information disclosure, to set up independent national authorities to protect whistle-blowers, and to consider providing those authorities with specific support funds; calls for a centralised European authority based on the model of national privacy watchdogs to be set up. to provide citizens with a single reporting channel and, whenjustified, legal and financial advices and protections, as well as anonymityand confidentiality;
Amendment 59 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Requests that the forthcoming review of the European Supervisory Authorities (ESAs) adapt their powers and procedures to protect whistle-blowers;
Amendment 60 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Believes that an independent body at EU level should provide citizens with a single reporting channel and, when justified, legal and financial advices and protections, as well as anonymity and confidentiality;
Amendment 76 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 82 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Believes that any international agreement (trade, immigration, etc.) concluded with the EU shall include provisions on the protection of whistle- blowers;