Activities of Nessa CHILDERS related to 2018/0106(COD)
Shadow opinions (1)
OPINION on the proposal for a Directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law
Amendments (8)
Amendment 220 #
Proposal for a directive
Recital 25
Recital 25
(25) Effective enforcement of Union law requires that protection is granted to the broadest possible range of categories of persons, who, irrespective of whether they are EU citizens or third-country nationals, by virtue of work-related activities in any EU or third-country jurisdiction (irrespective of the nature of these activities,whether they are paid or not), have privileged access to information about breaches that would be in the public’s interest to report and who may suffer retaliation if they report them. Member States should ensure that the need for protection is determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship, so as to cover the whole range of persons connected in a broad sense to the organisation where the breach has occurred.
Amendment 237 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potential unlawful activities or, abuse of law or misconduct relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annexlaw or the public interest;
Amendment 253 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall take the necessary measures to prohibit any form of retaliation, whether direct or indirect, against reporting persons meeting the conditions set out in Article 13, or those preparing an imminent report or disclosure, as well as those assisting them, under the scope of this Directive, including in particular in the form or threat of:
Amendment 254 #
Proposal for a directive
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
c) transfer of duties, change of location of place of work, reduction in wages and benefits, change in working hours;
Amendment 255 #
Proposal for a directive
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
e) negative performance assessment or employment reference, or refusal to provide an employment reference;
Amendment 256 #
Proposal for a directive
Article 14 – paragraph 1 – point g
Article 14 – paragraph 1 – point g
g) coercion, intimidation, harassment or ostracism at the workplace or failure to address them;
Amendment 257 #
Proposal for a directive
Article 14 – paragraph 1 – point n a (new)
Article 14 – paragraph 1 – point n a (new)
n a) refusal to consider a feasible transfer option upon the reporting person's request.
Amendment 259 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall provide for effective, proportionate and dissuasive penalties applicable to persons making malicious or abusive reports or disclosures, including measures for compensating persons who have suffered damage from malicious or abusive reports or disclosures. This shall not apply to reports and disclosures made in good faith, with reasonable grounds to believe that the facts reported or disclosed were true.