Activities of Cătălin Sorin IVAN related to 2016/2224(INI)
Shadow opinions (1)
OPINION on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies
Amendments (21)
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 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 18 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to put forward a definition of whistle-blowers which covers as many cases as possible.
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 26 #
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the fact that the Commission has recently introduced a channel for whistle-blowers to report or disclose information on competition and cartel agreements, but insists that there should not be an excessive number of channels; tiers for reporting include wider public accountability, such as media.
Amendment 27 #
Draft opinion
Paragraph 4a (new)
Paragraph 4a (new)
4 a. Calls on the Commission to introduce protections against retaliation of any form, and to ensure that the burden of proof in claims for victimisation or reprisal is on the employer.
Amendment 28 #
Draft opinion
Paragraph 4b (new)
Paragraph 4b (new)
4 b. Calls on the Commissions to foresee legal, financial and psychological assistance whenever needed and to foresee a wide understanding of working relationships.
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 31 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls, therefore, on the Commission to build on the resolution recommendation to establish an independent information- gathering, advisory and referral EU body, with offices in Member States as well as a controlled website where complaints can be submitted, 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 whistle- blowers use the right channels to disclose their information;
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 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 39 #
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses the view that the adoption of sector-specific legislation, such as in the field of the protection of the financial interests of the EU, cshould be fast- tracked and should not have to wait for the adoption of more generalsecondary to the adoption of a horizontal piece of legislation on the protection of whistle-blowers.
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 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 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 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 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.