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 | ROZIÈRE Virginie (S&D) | LE GRIP Constance (EPP), DZHAMBAZKI Angel (ECR), CAVADA Jean-Marie (ALDE), 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 |
143 |
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
2017/04/27
EMPL
99 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas
Amendment 10 #
Draft opinion Recital C C. whereas recent mass leaks revealing corruption, such as the Panama Papers affair or the avoidance of rules on labour law leading in certain cases to precarious employment,
Amendment 11 #
Draft opinion Recital C C. whereas recent mass leaks revealing corruption, such as the Panama Papers affair or the avoidance of rules on labour law leading in certain cases to
Amendment 12 #
Draft opinion Recital C C. whereas recent mass leaks revealing corruption, such as the Panama Papers affair or the avoidance of rules on labour law leading in certain cases to precarious employment, and leaks on large scale illegal mass surveillance by whistle-blower Edward Snowden, to name but a few, confirm the importance of the role played by whistle-
Amendment 13 #
Draft opinion Recital C C. whereas recent mass leaks revealing corruption, such as the Panama Papers and SwissLeaks affairs, or the avoidance of rules on labour law leading in certain cases to precarious employment, confirm the importance of the role played by whistle-
Amendment 14 #
Draft opinion Recital C C. whereas recent mass leaks
Amendment 15 #
Draft opinion Recital D D. whereas
Amendment 16 #
Draft opinion Recital D D. whereas concerns have often been raised that whistle-blowers, but often also their family members and colleagues, face hostility, harassment and exclusion at their place of work frequently making it extremely difficult for them to find another employment, rather than being viewed positively;
Amendment 17 #
Draft opinion Recital D D. whereas serious concerns have
Amendment 18 #
Draft opinion Recital D D. whereas concerns have often been raised that whistle-blowers could face hostility and exclusion at their place of work, rather than being viewed positively;
Amendment 19 #
Draft opinion Recital D D. whereas concerns have often been raised that whistle-blowers face hostility and exclusion at their place of work, rather than being viewed positively; whereas workplaces need to cultivate a working environment within which people feel confident in raising concerns about potential failings, misconduct, or illegality; whereas fostering the right culture where people feel able to raise issues without the fear of "whistle-blower reprisal" or fear of retaliation or being disadvantaged in some way, whether within their current role or with a future employer is extremely important;
Amendment 2 #
Draft opinion Recital A A. whereas the role of whistle-blowers is to help in deterring and preventing wrongdoing, unethical practices and corruption, thus contributing to the promotion of the rule of law, transparency and democratic accountability; whereas 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; whereas the contribution of whistleblowers in exposing and preventing corruption is undeniable;
Amendment 20 #
Draft opinion Recital D D. whereas concerns have often been raised that whistle-blowers face hostility and exclusion at their place of work, rather than being viewed positively; whereas whistleblowing is acknowledged as one of the most, if not the most, effective way of stopping wrongdoing and illegality;
Amendment 21 #
Draft opinion Recital D D. whereas concerns have often been raised that whistle-blowers face hostility and exclusion at their place of work, rather than being viewed positively, and are subjected not only to harassment but also to intimidation up to and including threats to their life;
Amendment 22 #
Draft opinion Recital E E. whereas the only objective of whistle-
Amendment 23 #
Draft opinion Recital E E. whereas the objective of whistle- blowing should be the reporting of acts that represent a threat to the public interest or a possible breach of law;
Amendment 24 #
Draft opinion Recital E E. whereas the objective of whistle- blowing should be the reporting of acts or omissions that represent a threat to the public interest or a breach of law;
Amendment 25 #
Draft opinion Recital E E. whereas the objective of whistle- blowing should be the reporting of acts that represent a threat to the public interest or a breach of law; whereas whistleblowers can also make disclosures, 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; whereas those who come forward as whistleblowers should not be attacked for the methods they use, rather they should be commended for coming forward;
Amendment 26 #
Draft opinion Recital E a (new) Ea. whereas whistle-blowers should not bear the burden of proof and whistle- blowers disclosing inaccurate information in honest error should still be protected;
Amendment 27 #
Draft opinion Recital F Amendment 28 #
Draft opinion Recital F F. whereas s
Amendment 29 #
Draft opinion Recital F F. whereas some Member States already have laws that protect whistle- blowers, but others do not, which limits the protection of whistle-blowers across the EU and creates uneven protection across the Union as well as legal uncertainty;
Amendment 3 #
Draft opinion Recital A A. whereas
Amendment 30 #
Draft opinion Recital F a (new) Fa. whereas the existence of a legal framework does not always guarantee proper implementation and effectiveness, therefore ensuring compliance with the existing legislation by Member States is indispensable;
Amendment 31 #
Draft opinion Recital G G. whereas corruption is one of the most serious problems facing the world today, as it can
Amendment 32 #
Draft opinion Recital G G. whereas corruption is
Amendment 33 #
Draft opinion Recital G G. whereas corruption is one of the most serious problems facing the world today, as it can hamper a state’s ability to
Amendment 34 #
Draft opinion Recital G G. whereas corruption is
Amendment 35 #
Draft opinion Recital G G. whereas corruption
Amendment 36 #
Draft opinion Recital G G. whereas corruption is one of the most serious problems facing the world today, as it can hamper a state
Amendment 37 #
Draft opinion Recital G a (new) Ga. whereas corruption is a very deep- seated problem in many Member States, and in some lies at the root of a fully- fledged informal economy;
Amendment 38 #
Draft opinion Recital G a (new) Ga. whereas economic intelligence can be cross-border in scope and whereas whistle-blowers play a major role in bringing to light illegal acts carried out in other countries against national economic interests;
Amendment 39 #
Draft opinion Recital G b (new) Gb. whereas the existence of an informal economy means that many Europeans engage in undeclared work and are therefore deprived of social security cover;
Amendment 4 #
Draft opinion Recital A A. whereas the role of whistle-blowers
Amendment 40 #
Draft opinion Recital G c (new) Gc. whereas the corruption that is at the root of undeclared work places an extremely heavy strain on European social welfare systems;
Amendment 41 #
Draft opinion Paragraph -1 (new) -1. whereas whistle-blowers are also of key importance to identify mistakes, challenges or problems within an organisation at an early stage; whereas if this practice is respected, there can be an organisational culture of learning from mistakes; whereas this has in some organisations and Member States led to support for reporting of mistakes and therefore to organisational change;
Amendment 42 #
Draft opinion Paragraph 1 1. Calls for action to change the public perception of whistle-blowers by highlighting their positive role as an early warning mechanism to prevent abuses and corruption and to
Amendment 43 #
Draft opinion Paragraph 1 1. Calls for action to change the public perception of whistle-blowers by highlighting their positive role as an early warning mechanism, and as a deterrent to prevent abuses and corruption a
Amendment 44 #
Draft opinion Paragraph 1 1.
Amendment 45 #
Draft opinion Paragraph 1 1. Calls for action, including in school and university programmes, to change the public perception of whistle- blowers by highlighting their positive role as an early warning mechanism to prevent abuses and corruption and to enable public scrutiny of state action;
Amendment 46 #
Draft opinion Paragraph 1 1. Calls for action to change the public perception of whistle-blowers by highlighting their positive role
Amendment 47 #
Draft opinion Paragraph 1 1.
Amendment 48 #
Draft opinion Paragraph 1 a (new) 1a. Welcomes the recommendation of the Council of Europe concerning the scope of a European framework for the protection of whistle-blowers which should cover all individuals working in either the public or private sectors, irrespective of the nature of their working relationship and whether they are paid or not;
Amendment 49 #
Draft opinion Paragraph 2 2. Calls
Amendment 5 #
Draft opinion Recital A A. whereas
Amendment 50 #
Draft opinion Paragraph 2 2.
Amendment 51 #
Draft opinion Paragraph 2 2. Calls for measures to protect workers who detect and report cases of wrongdoing
Amendment 52 #
Draft opinion Paragraph 2 2. Calls for measures to protect workers who detect and report
Amendment 53 #
Draft opinion Paragraph 2 2. Calls for effective measures to protect w
Amendment 54 #
Draft opinion Paragraph 2 2.
Amendment 55 #
Draft opinion Paragraph 2 2. Calls for measures to protect workers who detect and report wrongdoings
Amendment 56 #
Draft opinion Paragraph 2 2. Calls for measures to protect workers who detect and report
Amendment 57 #
Draft opinion Paragraph 2 a (new) 2a. 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, to establish common minimum levels of protection for workers throughout the Union and to 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 adapt this protection to their domestic legal systems whilst affording higher levels of protections should they wish;
Amendment 58 #
Draft opinion Paragraph 2 a (new) 2a. Urges the introduction of effective arrangements for protecting anyone who reports wrongdoing at the workplace, such as harassment, job blackmail, illegal recruitment and dismissal practices, pay discrimination and any other form of law- breaking;
Amendment 59 #
Draft opinion Paragraph 2 b (new) 2b. Calls for measures to protect workers to include arrangements for safeguarding people’s anonymity and the confidentiality of information, where appropriate by means of encryption, and penalties for anyone failing to meet their obligations in this area;
Amendment 6 #
Draft opinion Recital A A. whereas the role of whistle-blowers is to help in detecting, deterring and preventing wrongdoing
Amendment 60 #
Draft opinion Paragraph 3 3. Points to the dangers of excluding whistle-blowing workers from career progression and of retaliation by colleagues at their workplace, and the dampening, threatening and long-term psychologically devastating effects this has on those who may come across wrongdoing; highlights therefore that the definition of "whistle- blower" should be applied to as many different types of workers as possible, including current and former employees as well as trainees, apprentices and others;
Amendment 61 #
Draft opinion Paragraph 3 3. Points to the dangers of excluding whistle-blow
Amendment 62 #
Draft opinion Paragraph 3 3. Points to the dangers of excluding whistle-blowing workers from career progression and of retaliation by colleagues at their workplace, in addition to that of losing their jobs, and the dampening effect this has on those who may come across wrongdoing;
Amendment 63 #
Draft opinion Paragraph 3 3. Points to the dangers of excluding whistle-blowing workers from career progression and of retaliation by colleagues at their workplace, and the dampening effect this has on those who may come across wrongdoing, stopping them, in the process, from reporting infringements;
Amendment 64 #
Draft opinion Paragraph 3 3. Points to the danger
Amendment 65 #
Draft opinion Paragraph 3 3. Points to the dangers of excluding whistle-blowing workers from career progression and of retaliation by colleagues at their workplace, and the dampening
Amendment 66 #
Draft opinion Paragraph 3 3. Points to the dangers of excluding whistle-blowing workers from career progression and of retaliation by colleagues at their workplace even though the whistle-blowers acted in the public interest, and the dampening effect this has on those who may come across wrongdoing;
Amendment 67 #
Draft opinion Paragraph 3 3. Points to the dangers of excluding whistle-blowing workers from career progression and of retaliation by colleagues at their workplace, and the dampening effect this has on those who may come across wrongdoing, and calls for everything possible to be done to put an end to behaviour of this kind;
Amendment 68 #
Draft opinion Paragraph 3 a (new) 3a. Urges the Member States to pass legislation encouraging people to report illegal acts and wrongdoing by establishing an awards system including arrangements for paying whistle-blowers a percentage of any sums recovered by the public or private organisation involved;
Amendment 69 #
Draft opinion Paragraph 4 4. Recalls the importance of devising instruments to sanction and ban any form of harassment or retaliation, whether this be active dismissal or passive measures such as the blocking of
Amendment 7 #
Draft opinion Recital A A. whereas the role of whistle-blowers is to help in deterring and preventing wrongdoing, such as mismanagement, fraud and corruption, thus contributing to the promotion of the rule of
Amendment 70 #
Draft opinion Paragraph 4 4. Recalls the importance of devising instruments to ban any form of retaliation,
Amendment 71 #
Draft opinion Paragraph 4 4. Recalls the importance of devising instruments to ban any form of retaliation,
Amendment 72 #
Draft opinion Paragraph 4 4.
Amendment 73 #
Draft opinion Paragraph 4 4. Recalls the importance of devising legal instruments to ban any form of retaliation, whether this be active dismissal or passive measures such as the blocking of promotion;
Amendment 74 #
Draft opinion Paragraph 4 4. Recalls the importance of devising instruments to ban any form of retaliation, whether this be active dismissal or passive measures such as the blocking of promotion; notes the importance of also ensuring protection for whistleblowers within police forces who may come under extreme pressure and harassment if they come forward with allegations of wrongdoing and illegality;
Amendment 75 #
Draft opinion Paragraph 4 4. Recalls the importance of devising instruments to ban any form of retaliation, whether this be active dismissal or passive measures such as the blocking of promotion, and of taking action through the courts wherever this is necessary;
Amendment 76 #
Draft opinion Paragraph 4 a (new) 4a. Stresses that whistle-blowers and their family members whose lives or safety are in jeopardy must be entitled to receive effective and adequate protection;
Amendment 77 #
Draft opinion Paragraph 4 b (new) 4b. Considers that the burden of proof should lie with the employer who must clearly demonstrate that any measures taken against an employee were in no sense connected with a whistle-blower’s disclosure;
Amendment 78 #
Draft opinion Paragraph 5 5.
Amendment 79 #
Draft opinion Paragraph 5 5. Urges employers and the authorities to swiftly act on the information reported to them after this has been thoroughly verified, and to address the shortcomings identified; considers that the European framework should encourage reporting or disclosure by individuals for public interest reporting and disclosures; highlights the necessity to ensure: – the establishment of appropriate internal reporting procedures in cooperation with workers' representatives ensuring anonymity and confidentiality; – the reporting to relevant public regulatory bodies, law enforcement agencies and supervisory bodies; – the disclosure of information of public interest to the public, for example to a journalist or an elected representative;
Amendment 8 #
Draft opinion Recital B B. whereas the importance of protection of whistleblowers has been recognised by all major international instruments concerning corruption and whistle-blowing standards have been set out by the United Nations Convention against Corruption (UNCAC), Council of Europe Recommendation CM/Rec(2014)7 and the 2009 OECD Anti-
Amendment 80 #
Draft opinion Paragraph 5 5. Urges employers and the authorities to act on the information reported to them after this has been
Amendment 81 #
Draft opinion Paragraph 5 5. Urges employers and the authorities to act on the information reported to them
Amendment 82 #
Draft opinion Paragraph 5 5. Urges employers and the authorities to put in place effective channels for reporting and disclosing wrongdoing and to act on the information reported to them after this has been thoroughly verified, and to address the shortcomings identified;
Amendment 83 #
Draft opinion Paragraph 5 Amendment 84 #
Draft opinion Paragraph 5 a (new) 5a. Points out that the European Ombudsman could serve as the European supervisory body and contact point for whistle-blowers;
Amendment 85 #
Draft opinion Paragraph 6 6. Recalls that proper European legislation is needed;
Amendment 86 #
Draft opinion Paragraph 6 6. Recalls that proper Union legislation is needed; encourages
Amendment 87 #
Draft opinion Paragraph 6 6. Recalls that proper and effective legislation is needed; encourages Member States to develop legislative instruments that protect those who report justified and proven breaches of conduct to public authorities;
Amendment 88 #
Draft opinion Paragraph 6 6. Recalls that proper legislation is needed; encourages Member States to develop legislative instruments that protect those who report
Amendment 89 #
Draft opinion Paragraph 6 6. Recalls that proper legislation is needed; encourages Member States to develop legislative instruments that protect those who report justified and proven breaches of conduct to public authorities; further believes that EU institutions should serve as a model with regard to whistleblowing policy; calls on the EU institutions to implement or improve internal mechanisms in order to protect potential whistle-blowers from inside their organisation;
Amendment 9 #
Draft opinion Recital C C. whereas recent mass leaks revealing corruption, such as the Panama Papers affair
Amendment 90 #
Draft opinion Paragraph 6 a (new) 6a. Calls on the Commission to develop instruments focusing on providing protection against unjustified legal prosecutions, economic sanctions and discrimination, and calls in this connection for a general fund to be set up, financed in part from monies recovered or proceeds from fines, to give appropriate financial support to whistle-blowers in the EU whose livelihood is put at risk as a result of disclosures of relevant facts;
Amendment 91 #
Draft opinion Paragraph 6 a (new) 6a. Believes that thought should be given to taking legislative action at EU level in order to afford whistle-blowers the necessary legal certainty and protection throughout the Union; calls accordingly on the Commission to continue to look for an appropriate legal basis;
Amendment 92 #
Draft opinion Paragraph 6 a (new) 6a. Stresses the importance of urging Member States to implement rules protecting whistle-blowers in both the public and the private sectors;
Amendment 93 #
Draft opinion Paragraph 7 7. Recalls that any future normative framework should take into account the rules, rights and duties that govern and impact on employment; further emphasises that this should be done
Amendment 94 #
Draft opinion Paragraph 7 7. Recalls that any future normative
Amendment 95 #
Draft opinion Paragraph 8 8. Recalls that
Amendment 96 #
Draft opinion Paragraph 8 8.
Amendment 97 #
Draft opinion Paragraph 8 8.
Amendment 98 #
Draft opinion Paragraph 8 8. Recalls that in the event of false accusations, those responsible should be held accountable; emphasises, however, that whistle-blowers disclosing inaccurate information in honest error should still be protected.
Amendment 99 #
Draft opinion Paragraph 8 a (new) 8a. Urges the relevant authorities to lay down a best-endeavours obligation in connection with arrangements for receiving and dealing with reports that are put in place by both employers and the authorities themselves.
source: 603.027
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History
(these mark the time of scraping, not the official date of the change)
2017-05-12Show (2) Changes | Timetravel
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2017-04-21Show (4) Changes | Timetravel
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2017-03-25Show (4) Changes | Timetravel
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2017-03-20Show (1) Changes | Timetravel
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2017-02-16Show (4) Changes | Timetravel
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2017-01-28Show (1) Changes | Timetravel
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2016-12-08Show (2) Changes | Timetravel
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2016-11-26Show (2) Changes | Timetravel
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2016-11-22Show (14) Changes | Timetravel
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2016-10-27T00:00:00
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2016-09-05T00:00:00
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2016-10-19T00:00:00
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2016-10-06Show (4) Changes | Timetravel
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2016-09-29T00:00:00
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2016-10-01Show (1) Changes | Timetravel
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2016-09-18Show (3) Changes | Timetravel
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procedure/dossier_of_the_committee |
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2016-09-17Show (5) Changes
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