22 Amendments of Rosa ESTARÀS FERRAGUT related to 2016/2224(INI)
Amendment 38 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas whistleblower protection mechanisms need to be balanced and adequate safeguards should be put in place in order to prevent malicious or abusive reporting, to ensure that no undue harm is caused to the other parties’ interests and to guarantee that the legal rights of the persons against whom the reports are made are fully respected and their identity is protected throughout the investigation and judicial procedures;
Amendment 54 #
Motion for a resolution
Recital H
Recital H
H. whereas the Commission has not proposed suitable legislative measures to protect whistleblowers in the EU effectivelyEU law already contains rules protecting whistleblowers from certain forms of retaliation in different areas, ranging from audit and money laundering to trade secrets, safety of offshore oil and gas operations, market abuse, capital requirements and other instruments regulating financial services;
Amendment 58 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the Commission has launched a public consultation on whistleblower protection to assess the scope for horizontal or further sectorial action at EU level, while respecting the principle of subsidiarity
Amendment 69 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to present a horizontal legislative proposalassess on an appropriate legal basis enabling EU to take further action with a view to effectively protecting whistleblowers acting in the public interest in the EU, before the end of this year; stresses that thein this re gare at present a number of possibilities for legal bases enabling the EU to take action on the mattd, calls on the Commission to assess whether and to what extent the protection of whistleblower;s calls on the Commission to consider all those possibilities with thn be considered indispensable for the effective aim of proposing a coherent and effective mechanismplementation of the competences of the EU;
Amendment 84 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes ‘whistleblower’ to mean anybody who reports on or reveals information on an unlawful or wrongful act or an act which undermineswhich represents a threat or harm to the public interest, in the context of his or her working-based relationship, be it in the public or private sector, of a contractual relationship, or of his or her trade union or association activities;
Amendment 94 #
Motion for a resolution
Paragraph 3
Paragraph 3
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, public health, public safety, national security and privacy and personal data protection, tax avoidance, attacks onserious violation of workers’ rights and other social rights and attacks on human rights;
Amendment 97 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes the view that special rules should apply to information relating to national security, defence, intelligence, public order or international relations of the State and that proper consideration should be given to the need to ensure consistency with the existing rules for the protection of legal and other professional privilege;
Amendment 106 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistleblowers have proved to be a crucial resource for investigative journalism and for an independent press;
Amendment 109 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. NotesWelcomes the fact that several Member States in recent years have taken steps to strengthen whistleblowers’ rights; notes, however, with concern that whistleblowers continue to be subject to civil and criminal proceedings in a number of Member States, whilere the existing means to defend, support and protect them are absent, limited or ineffective; notes that, in addition, theat such disparities between Member States may lead to legal insecurity and the risk of unequal treatment;
Amendment 112 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 123 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of reporting; stresses that the absence of clearly identified means of reporting causes a number of whistleblowers to remain silent; expresses its concern about the retaliation and pressures which whistleblowers may face when they address the guilty person or party in their organisation;
Amendment 126 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the credibility and validity of a report must be able to be assessed in part on the way in which it was made; believes that it is necessary to establish a coherent system which enables reports to be delivered both inside and outside the organisation or to the competent authorities;
Amendment 130 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to study a tiered system enabling whistleblowing inside and outside the organisation and to the competent authorities; stresses that, to do so, clear procedures should be established; believes that employers should be encouraged to introduce internal reporting procedures and that one person should be responsible for collecting reports in each organisaunderlines that such procedures shall be fair and equitable, ensuring the full respect of legal rights and the protection; of consfiders that employee representatives should be involved in the assignment of that rolentiality of both the whistleblower and the alleged wrongdoer;
Amendment 133 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Believes that employers should be encouraged to introduce internal reporting procedures and that one person should be responsible for collecting reports in each organisation; considers that, where appropriate, employee representatives should be involved in the assignment of that role;
Amendment 139 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the whistleblower should give priority to the organisation’s internal reporting mechanisms or to the competent authorities; stresses, however, that in the absence of an internal reporting mechanism or of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, he or she must be able to turn to non-governmental organisations or the presthe competent authorities;
Amendment 145 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that reporting outside the organisation without first going through an internal step is notdisrespecting the legal rules on the appropriate reporting channel, is grounds to invalidate a report, file a lawsuit or refuse to give protection;
Amendment 151 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concerns about the possible 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 practicesretaliation; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her in retaliation for having made a report in the public interest should be brought to an end;
Amendment 169 #
15. Points out the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; considers it necessary to provide for a reversal of the burden of proof in respect of retaliation against and pressure on whistleblowers; takes the view that confidentiality should be guaranteed throughout the proceedings;
Amendment 172 #
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 181 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts or that the perceived threat to the public interest did not materialise, provided that the whistleblower demonstrates that, at the time of reporting, he or she acted in good faith and had reasonable grounds to believe them facts to be true;
Amendment 184 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Emphasizes that somebody who reports information, which he or she knows to be inaccurate or misleading should not benefit from the protection granted to whistleblowers; stresses that any person who is prejudiced, whether directly or indirectly, by the reporting or disclosure of inaccurate or misleading information should be afforded legal protection and the right to seek effective remedies against malicious or abusive reporting;
Amendment 193 #
19. Stresses that, in addition to the professional risks, whistleblowers may also face psychological and financial risks; believes that psychological support should be provided, that, where applicable, legal aid should be given to whistleblowers who ask for it, that financial aid should be given to those who express a duly justified need for it and that and compensation for proven professional damages shouldmight be given as a protective measure if civil proceedings are brought against a whistleblower;