Awaiting committee decision
2016/2224(INI) Legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies
Lead committee dossier: JURI/8/07745
Legal Basis RoP 052
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Opinion | AFCO | CASTALDO Fabio Massimo (EFD) | |
Opinion | CONT | DE JONG Dennis (GUE/NGL) | |
Opinion | CULT | KRASNODĘBSKI Zdzisław (ECR) | |
Opinion | ECON | SCOTT CATO Molly (Verts/ALE) | |
Opinion | EMPL | CASA David (EPP) | |
Opinion | ENVI | FLANAGAN Luke Ming (GUE/NGL) | |
Opinion | ITRE | ||
Lead | JURI | LE GRIP Constance (EPP), DZHAMBAZKI Angel (ECR), CHRYSOGONOS Kostas (GUE/NGL), FERRARA Laura (EFD) | |
Opinion | LIBE | PAGAZAURTUNDÚA RUIZ Maite (ALDE) |
Legal Basis RoP 052
Activites
-
2016/09/15
Committee referral announced in Parliament, 1st reading/single reading
Documents
Amendments | Dossier |
44 |
2016/2224(INI)
2017/04/04
CULT
44 amendments...
Amendment 1 #
Draft opinion Paragraph -1 (new) -1. Recalls that the European Court of Human Rights has stated in the Case of Guja v. Moldova that in order to determine whether a particular disclosure should be protected or not, it is important to establish that, in making the disclosure, the individual acted in good faith and in the belief that the information was true, that it was in the public interest to disclose it and that no other, more discreet means of remedying the wrongdoing was available to him or her;
Amendment 10 #
Draft opinion Paragraph 1 a (new) 1a. Notes with concern the effects and counter-effects which sharing sensitive information might have for various stakeholders, including whistle-blowers and the sources of their information; is concerned by the risk generated from the sensitivity and potentially the misuse and misinterpretation of sensitive information released to the public;
Amendment 11 #
Draft opinion Paragraph 1 a (new) 1a. Stresses that negative perception of the act of whistleblowing and whistle- blowers slows progress by many countries in passing/enforcing whistle-blower laws, but also weakens citizens' willingness to report irregularities even when legal protection mechanisms are already in place;
Amendment 12 #
Draft opinion Paragraph 1 a (new) 1a. Is of the opinion that the protection of whistleblowers is essential for the freedom of expression, the plurality of opinions, democracy and freedom;
Amendment 13 #
Draft opinion Paragraph 1 b (new) 1b. Stresses that there is a need for legal protection of whistleblowers in the European Union; reaffirms that the rule of law is beneficial for a culture of the freedom of expression;
Amendment 14 #
Draft opinion Paragraph 2 Amendment 15 #
Draft opinion Paragraph 2 2. Reaffirms that the implementation of legal regulations
Amendment 16 #
Draft opinion Paragraph 2 2. Reaffirms that the implementation of legal regulations
Amendment 17 #
Draft opinion Paragraph 2 2. Reaffirms that the implementation of legal regulations encourages a speak-up culture and that whistle-blowing should be promoted as an act of good citizenship and supported by effective awareness-raising, communication and training efforts; suggests that Member States which consider it to be appropriate should incorporate the subject of whistle-blowers in civic instruction courses, as it is highly relevant to learning about citizenship;
Amendment 18 #
Draft opinion Paragraph 2 2. Reaffirms that the implementation of legal regulations encourages a speak-up culture and that whistle-blowing should be promoted as an act of good citizenship and supported by effective awareness-raising, communication and training efforts, while ensuring sufficient safeguards are in place for the protection of commercially sensitive company information, such as trade secrets;
Amendment 19 #
Draft opinion Paragraph 2 a (new) 2a. Encourages Members States to be proactive in promoting an open culture within the workplace, whether it be public or private, which enables organisations to operate with high ethical standards, gives employees the confidence to speak up and therefore allows action to be taken to prevent or remedy any threats or harm;
Amendment 2 #
Draft opinion Paragraph -1 (new) -1. Considers that whistle-blowing is one of the most important tools leading to the detection and prevention of fraud and corruption in public administration and private companies, which can lead to considerable savings of public funds, ensuring safety and even saving lives; underlines that the contribution of whistleblowers in exposing and preventing corruption is undeniable;
Amendment 20 #
Draft opinion Paragraph 2 a (new) 2a. Believes setting common minimum standards for whistleblowing protection that apply throughout the EU could promote a culture of accountability and integrity in the public sector, and help win back trust in democratic institutions;
Amendment 21 #
Draft opinion Paragraph 2 b (new) 2b. Encourages Member States to evaluate regularly the effectiveness of the measures they implement, taking into account public opinion on attitudes towards the act of whistleblowing and whistle-blowers, cross-sectoral surveys of senior managers designated to receive and handle reports and independent research studies on whistleblowing across workplaces;
Amendment 22 #
Draft opinion Paragraph 3 3. Reaffirms the need for public institutions and private organisations to establish in
Amendment 23 #
Draft opinion Paragraph 3 3. Reaffirms the need for public and private organisations to establish internal
Amendment 24 #
Draft opinion Paragraph 3 3. Reaffirms the need for public and private organisations to establish internal whistle-blowing procedures for their
Amendment 25 #
Draft opinion Paragraph 3 3.
Amendment 26 #
Draft opinion Paragraph 3 3. Reaffirms the need for public and private organisations to establish internal whistle-blowing procedures for their employees, setting out clear confidential routes for making disclosures, including external disclosures, informing about their rights to protection against reprisal when reporting misconduct, and providing, where appropriate, confidential legal advice and relevant courses and trainings;
Amendment 27 #
Draft opinion Paragraph 3 3. Reaffirms the need for public and private organisations to establish internal whistle-blowing procedures for their employees, setting out clear confidential routes for making disclosures; stresses, however, the imperative need for these procedures to strike a balance between cases where there are sound reasons for disclosing information and those where industrial secrets need to be protected;
Amendment 28 #
Draft opinion Paragraph 3 a (new) 3a. Expresses the need to establish 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 help internal and external whistleblowers in using the right channels to disclose their information while protecting their confidentiality and offering needed support and advice;
Amendment 29 #
Draft opinion Paragraph 3 a (new) 3a. Observes that, without balanced legislation, there is a risk that abuses may destroy the credibility and legitimacy of whistle-blowers, an effect which would be counterproductive in relation to the aims of providing legitimate information to the public;
Amendment 3 #
Draft opinion Paragraph 1 Amendment 30 #
Draft opinion Paragraph 4 4. Notes that,
Amendment 31 #
Draft opinion Paragraph 4 4. Notes that, owing to significant gaps in the protection of whistle-blowers against retaliation, the obligation to use internal reporting channels can be risky and act as a deterrent, restricting both freedom of expression and the public’s right to access information; stresses that internal reporting procedures
Amendment 32 #
Draft opinion Paragraph 4 4. Notes that, owing to significant gaps in the protection of whistle-blowers against retaliation, the obligation to use internal reporting channels can be risky and act as a deterrent, restricting both freedom of expression and the public’s right to access information; stresses that internal reporting procedures should not act as a tool for prohibiting the act of informing the wider public of illegal activities and activities that severely harm the public interest; stresses that internal communication procedures must protect both whistle-blowers and the legitimate interests of businesses;
Amendment 33 #
Draft opinion Paragraph 4 a (new) 4a. Highlights that whistleblowers act at high personal and professional risk and usually have to pay the costs for it; states that personal data of the whistleblowers should never be published; is therefore of the opinion that measures for the alleviation of those costs and adequate compensation have to be established; states that a new workplace has to be found in order to avoid a deterioration of their living conditions and falling into precariousness; notes that mentally and psychological help must be secured; notes that in court cases the legal fees of the whistleblowers have to be reimbursed;
Amendment 34 #
Draft opinion Paragraph 4 a (new) 4a. Notes that protected disclosures concern harms or threats to the public interest that have occurred, are occurring at the time of the disclosure, or are likely to occur, and can be made, alternatively or cumulatively, internally within the workplace, or externally, to the competent authorities, parliamentarians and oversight agencies, as well as to trade unions and employers' associations, or to the public through the media, including social media, or non-governmental organisations;
Amendment 35 #
Draft opinion Paragraph 5 5. Recalls that whistle-blowing is linked to freedom of the press and is essential in bringing to light illegal activities or activities which
Amendment 36 #
Draft opinion Paragraph 5 5. Recalls that whistle-blowing is
Amendment 37 #
Draft opinion Paragraph 5 5. Recalls that whistle-blowing is linked to freedom of the press and is essential in bringing to light illegal activities or activities which evidently severely harm the public interest; stresses that whistle-blowers are an important source of information for investigative journalism, and that journalists can be subject to legal prosecution rather than legal protection when, acting in the public interest, they disclose information or report suspected misconduct, wrongdoing, fraud or illegal activity; calls on the Member States to ensure that the right of journalists not to reveal a source
Amendment 38 #
Draft opinion Paragraph 5 5. Recalls that whistle-blowing is linked to freedom of the press and is essential in bringing to light illegal activities or activities which evidently severely harm the public interest; stresses that whistle-blowers are an important source of information for investigative journalism, and calls on the Member States to ensure that the right of journalists not to reveal a source’s identity is effectively protected, without prejudice to potential national legal proceedings which may follow the disclosure of information by the whistle-blower, and that authorities refrain from using surveillance in order to ascertain their sources.
Amendment 39 #
Draft opinion Paragraph 5 5. Recalls that whistle-blowing is linked to freedom of expression, among others via the press and is essential in bringing to light illegal activities or activities which evidently severely harm the public interest; stresses that whistle- blowers are an important source of information for investigative journalism, and calls on the Member States to ensure that the right of journalists not to reveal a source’s identity is effectively protected and that authorities refrain from using surveillance in order to ascertain their sources.
Amendment 4 #
Draft opinion Paragraph 1 1.
Amendment 40 #
Draft opinion Paragraph 5 a (new) 5a. Is of the opinion that the EU institutions should serve as a role-model with regard to whistleblowing policy; expresses concern that a large number of EU agencies still have not implemented the 2012 guidelines on whistleblowing and that findings from a 2015 survey showed low awareness of the rules amongst the Commission staff; calls on the Commission to ensure that the guidelines are implemented in the agencies and that staff is adequately familiar with them and encourages the Commission to insert a standard clause in contracts and grant agreements requiring beneficiaries and persons working for these beneficiaries to report serious irregularities to OLAF.
Amendment 41 #
Draft opinion Paragraph 5 a (new) 5a. Encourages those Member States that have not yet adopted legislation on whistleblowing to do so in the foreseeable future and calls on the Commission to consider creating a platform for exchanging best practices in this area between Member States, and also including third countries;
Amendment 42 #
Draft opinion Paragraph 5 a (new) Amendment 43 #
Draft opinion Paragraph 5 a (new) 5a. 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 44 #
Draft opinion Paragraph 5 b (new) 5b. Calls on the EU institutions to implement or improve internal mechanisms in order to protect potential whistle-blowers from inside their organisation;
Amendment 5 #
Draft opinion Paragraph 1 1.
Amendment 6 #
Draft opinion Paragraph 1 1. Is of the opinion that
Amendment 7 #
Draft opinion Paragraph 1 1. Is of the opinion that since the effectiveness of the whistle-blowing environment is affected by cultural values, implementing an identical mechanism in all Member States may result in dysfunctional behaviour and needless costs, and that any measures taken should therefore be tailored to fit national contexts; stresses, however, that existing cultural differences do not detract from the need for legal protection of whistle-
Amendment 8 #
Draft opinion Paragraph 1 1. Is of the opinion that since the effectiveness of the whistle-blowing environment is affected by varying legal bases, but also by cultural values, implementing an identical mechanism in all Member States may result in dysfunctional behaviour and needless costs, and that any measures taken should therefore be tailored to fit national contexts; stresses, however, that existing cultural differences do not detract from the need for legal protection of whistle- blowers in Member States;
Amendment 9 #
Draft opinion Paragraph 1 a (new) 1a. Believes that Articles 151 and 153 (2) (b) TFEU provide a clear basis for EU legislative action to empower employees to report wrongdoing in a framework of legal certainty, a common minimum level of protection for workers throughout the Union and help to protect and defend the public interest in the EU and beyond, while also leaving a degree of freedom to the Member States to afford higher levels of protections should they wish;
source: 602.859
|
History
(these mark the time of scraping, not the official date of the change)
2017-04-21Show (4) Changes | Timetravel
activities/0/committees/7/date |
2017-04-12T00:00:00
|
activities/0/committees/7/rapporteur |
|
committees/7/date |
2017-04-12T00:00:00
|
committees/7/rapporteur |
|
2017-03-25Show (4) Changes | Timetravel
activities/0/committees/5/date |
2017-03-23T00:00:00
|
activities/0/committees/5/rapporteur |
|
committees/5/date |
2017-03-23T00:00:00
|
committees/5/rapporteur |
|
2017-03-20Show (1) Changes | Timetravel
other/0/dg |
Old
JusticeNew
|
2017-03-17Show (2) Changes | Timetravel
activities/0/committees/7/shadows/3 |
|
committees/7/shadows/3 |
|
2017-03-15Show (2) Changes | Timetravel
activities/0/committees/5 |
|
committees/5 |
|
2017-02-16Show (4) Changes | Timetravel
activities/0/committees/3/date |
2016-11-08T00:00:00
|
activities/0/committees/3/rapporteur |
|
committees/3/date |
2016-11-08T00:00:00
|
committees/3/rapporteur |
|
2017-01-28Show (1) Changes | Timetravel
other/0/dg |
Old
New
Justice |
2016-12-08Show (2) Changes | Timetravel
activities/0/committees/6/shadows/1 |
|
committees/6/shadows/1 |
|
2016-11-26Show (2) Changes | Timetravel
activities/0/committees/6/shadows/0 |
|
committees/6/shadows/0 |
|
2016-11-22Show (14) Changes | Timetravel
activities/0/committees/1/date |
2016-10-19T00:00:00
|
activities/0/committees/1/rapporteur |
|
activities/0/committees/4/date |
2016-10-27T00:00:00
|
activities/0/committees/4/rapporteur |
|
activities/0/committees/6/shadows |
|
activities/0/committees/7/date |
2016-09-05T00:00:00
|
activities/0/committees/7/rapporteur |
|
committees/1/date |
2016-10-19T00:00:00
|
committees/1/rapporteur |
|
committees/4/date |
2016-10-27T00:00:00
|
committees/4/rapporteur |
|
committees/6/shadows |
|
committees/7/date |
2016-09-05T00:00:00
|
committees/7/rapporteur |
|
2016-10-06Show (4) Changes | Timetravel
activities/0/committees/0/date |
2016-09-29T00:00:00
|
activities/0/committees/0/rapporteur |
|
committees/0/date |
2016-09-29T00:00:00
|
committees/0/rapporteur |
|
2016-10-01Show (1) Changes | Timetravel
other/0 |
|
2016-09-18Show (3) Changes | Timetravel
activities/0 |
|
procedure/dossier_of_the_committee |
JURI/8/07745
|
procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2016-09-17Show (5) Changes
activities |
|
committees |
|
links |
|
other |
|
procedure |
|