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), DURAND Pascal (Verts/ALE), 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 |
246 |
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
2017/06/19
ENVI
103 amendments...
Amendment 1 #
Draft opinion Paragraph -1 (new) -1. - having regard to recital 20 and Articles 1 and 5 of Directive (EU) 2016/943 on trade secrets,
Amendment 10 #
Draft opinion Paragraph -1 i (new) -1i. - having regard to the inquiry of the office of the European Ombudsman of 2 March 2015 and to its call for the EU institutions to adopt the required rules on whistleblowing,
Amendment 100 #
Draft opinion Paragraph 9 9. Points out that EU legislation should establish a clear procedure for handling disclosures from start to finish to ensure proper follow-through on the actions taken by whistleblowers, from report submission and processing to ensuring whistleblower protection, as well as more efficient whistleblower protection mechanisms.
Amendment 101 #
Draft opinion Paragraph 9 9. Points out that EU legislation should establish a clear procedure for handling disclosures from start to finish to ensure proper follow-through on the
Amendment 102 #
Draft opinion Paragraph 9 a (new) 9a. Emphasises the importance of extending legal and psychological assistance, as well as relief measures, as appropriate, to whistleblowers who suffered retaliation further to a public interest report or disclosure and, as a consequence, pursue a valid claim in court.
Amendment 103 #
Draft opinion Paragraph 9 b (new) 9b. Encourages the Commission and the Member States to provide for access to confidential advice to persons who may be considering a public interest report or disclosure, and who will thus be seeking information such as that relating to the rights and responsibilities of whistleblowers, adequate channels, and the possible consequences of their decision.
Amendment 11 #
Draft opinion Paragraph -1 j (new) -1j. - having regard to Rule 53 of the Rules of Procedure of the European Parliament,
Amendment 12 #
Draft opinion Paragraph -1 k (new) -1k. A. whereas whistleblowers have, on a number of occasions, exposed major dangers, risks or scandals in the areas of the environment, health, food safety or animal welfare;
Amendment 13 #
Draft opinion Paragraph -1 l (new) -1l. B. whereas whistleblowers often find themselves fighting a lone battle, in particular against powerful private interests, and face both personal and professional retribution;
Amendment 14 #
Draft opinion Paragraph -1 m (new) -1m. C. whereas most EU Member States have ratified the UN Convention against Corruption, which makes it obligatory to provide appropriate and effective protection to whistleblowers;
Amendment 15 #
Draft opinion Paragraph -1 n (new) -1n. D. whereas recital 20 and Articles 1 and 5 of Directive (EU) 2016/943 on trade secrets are not enough to guarantee whistleblowers sufficient protection;
Amendment 16 #
Draft opinion Paragraph -1 o (new) -1o. D. whereas recital 20 and Articles 1 and 5 of Directive (EU) 2016/943 must be supplemented by more adequate legal instruments which give whistleblowers better protection;
Amendment 17 #
Draft opinion Paragraph -1 p (new) -1p. E. whereas Parliament has already expressed the view that whistleblowers must be guaranteed better protection, in particular in its resolution of 14 February 2017 on the role of whistleblowers in the protection of EU’s financial interests (2016/2055(INI));
Amendment 18 #
Draft opinion Paragraph -1 q (new) -1q. F. whereas Member States must be free to choose the sanctions they take against any person who reveals certain confidential information relating to national defence or the Member States’ vital interests, even if that information is revealed under the pretext of whistleblowing for the sake of environmental protection, health, food safety or animal welfare;
Amendment 19 #
Draft opinion Paragraph 1 1. Believes that the lack of adequate whistleblower protection may have a negative impact on the implementation of EU policy on environmental protection, public health and food safety, whereas fears of retaliation can result in a chilling effect on whistle blower thereby endangering the public interest;
Amendment 2 #
Draft opinion Paragraph -1 a (new) -1a. - having regard to European Parliament resolution of 14 February 2017 on the role of whistleblowers in the protection of EU’s financial interests (2016/2055(INI)),
Amendment 20 #
Draft opinion Paragraph 1 1. Believes that the lack of adequate whistleblower protection
Amendment 21 #
Draft opinion Paragraph 1 1. Believes that the lack of adequate whistleblower protection may have a negative impact on the implementation of EU policy on environmental protection, public health
Amendment 22 #
Draft opinion Paragraph 1 1. Believes that the lack of adequate whistleblower protection
Amendment 23 #
Draft opinion Paragraph 1 1. Believes that the lack of adequate whistleblower protection
Amendment 24 #
Draft opinion Paragraph 1 1. Believes that the lack of adequate whistleblower protection may have a negative impact on
Amendment 25 #
Draft opinion Paragraph 1 a (new) 1a. Takes the view that, even though the importance and value of whistleblowing in the areas of public health, the environment and food safety is now increasingly recognised in the Member States, information and promotional campaigns on whistleblowing are needed at national and European level in order to change attitudes and mentalities;
Amendment 26 #
Draft opinion Paragraph 2 2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment and food safety, and that whistleblower protection will encourage the disclosure of dangers to public health and the environment and improve food safety; most notably, the publication of the study on SARS (severe acute respiratory syndrome) and other hazardous diseases that were threatening millions of people in China, and those which helped to avoid dangers to the environment in the US;
Amendment 27 #
Draft opinion Paragraph 2 2. Is convinced that whistleblowers
Amendment 28 #
Draft opinion Paragraph 2 2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment and food safety, in deterring and preventing wrongdoing and corruption, and that whistleblower protection will encourage the disclosure of dangers to public health and the environment and improve food safety;
Amendment 29 #
Draft opinion Paragraph 2 2. Is convinced that whistleblowers play a
Amendment 3 #
Draft opinion Paragraph -1 b (new) -1b. - having regard to the Decision of the European Ombudsman closing her own-initiative inquiry OI/1/2014/PMC concerning whistleblowing,
Amendment 30 #
Draft opinion Paragraph 2 2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment and food safety, and that whistleblower protection will encourage the disclosure of dangers
Amendment 31 #
Draft opinion Paragraph 2 2.
Amendment 32 #
Draft opinion Paragraph 2 2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment and food safety,
Amendment 33 #
Draft opinion Paragraph 2 2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment
Amendment 34 #
Draft opinion Paragraph 2 2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment and food safety, and that whistleblower protection will encourage the disclosure of dangers
Amendment 35 #
Draft opinion Paragraph 2 a (new) 2a. Cautions that inadequate or ineffectively enforced provisions can expose whistleblowers to reprisals with impunity, whilst failing to offer safeguards to the public interest, as the persistence of reprisals against whistleblowers dissuades those in possession of information on wrongdoing from further reporting or disclosure and undermines faith in the applicable legal regime;
Amendment 36 #
Draft opinion Paragraph 2 a (new) 2a. Recalls recent high-impact cases such as Dieselgate, Nestle and the horsemeat scandals in which environmental, public health or food safety risks have been uncovered where disclosures from whistleblowers were instrumental in the detection of the risk, or where stronger protections of whistleblowers might have led to earlier risk detection and more limited damage;
Amendment 37 #
Draft opinion Paragraph 2 b (new) 2b. Stresses that key advances in public health, notably in tobacco control, can ultimately be traced back to the release of internal documents by whistleblowers;
Amendment 38 #
Draft opinion Paragraph 2 c (new) 2c. Draws attention to the fact that environmental, public health and food safety risks rarely stop at borders, meaning that weak or non-existent whistleblower protection in one Member State, which may prevent the timely detection of such risks, puts the health and safety of all EU citizens, as well as their ability to protect the environment, in jeopardy;
Amendment 39 #
Draft opinion Paragraph 2 d (new) 2d. Points out that wildlife trafficking has become one of the world's most profitable forms of organised crime and notes the key role played by whistleblowers who report illegal trafficking, logging, fishing and other crimes against wildlife;
Amendment 4 #
Draft opinion Paragraph -1 c (new) -1c. - having regard to Article 9 of the Council of Europe Civil Law Convention on Corruption,
Amendment 40 #
Draft opinion Paragraph 2 e (new) 2e. Stresses that evidence of violations of EU animal protection and food safety laws on farms and abattoirs relies almost exclusively on whistleblowers as these locations are not accessible to the general public and official controls are usually announced in advance;
Amendment 41 #
Draft opinion Paragraph 2 f (new) 2f. Recognises that fishing boats are extremely isolated when in operation at sea and that strong protection of whistleblowers is essential to enable them to provide evidence of illegal fishing and other violations of EU law;
Amendment 42 #
Draft opinion Paragraph 2 g (new) 2g. Deplores the fact that regulators, including those monitoring the food chain, are under resourced and thus dependent on whistleblowers for information, and that therefore both increased funding for regulators and effective protection for whistleblowers are essential;
Amendment 43 #
Draft opinion Paragraph 3 Amendment 44 #
Draft opinion Paragraph 3 3. Stresses that proper legislation in this area will also help to rebuild trust in scientific expertise; Whistle blower legislation encourages those with scientific and technical knowledge to assert the facts which might otherwise remain hidden;
Amendment 45 #
Draft opinion Paragraph 3 3. Stresses that
Amendment 46 #
Draft opinion Paragraph 3 3. Stresses that proper legislation in this area and a political consensus that will make it possible to implement efficient measures at both national and European level will also help to rebuild trust in scientific expertise;
Amendment 47 #
Draft opinion Paragraph 3 3.
Amendment 48 #
Draft opinion Paragraph 3 3. Stresses that proper legislation in this area will also help to pre
Amendment 49 #
Draft opinion Paragraph 4 Amendment 5 #
Draft opinion Paragraph -1 d (new) -1d. - having regard to Article 22 of the Council of Europe Criminal Law Convention on Corruption,
Amendment 50 #
Draft opinion Paragraph 4 4. Deplores the fact that too few Member States have put protection for whistleblowers in place and insists that protection is required at EU level to ensure that whistleblowers are afforded equal legal protection in all Member States; Environmental issues are by their nature transnational and as such legislation must reflect this; whistleblower protection should be afforded across the Union irrespective of where the whistle blower resides and irrespective of where crimes have been committed;
Amendment 51 #
Draft opinion Paragraph 4 4. Deplores the fact that too few Member States have put protection for whistleblowers in place and insists that protection is required at EU level to ensure that whistleblowers are afforded equal legal protection in all Member States, on condition that they have acted in good faith and with the sole aim of protecting the general public interest;
Amendment 52 #
Draft opinion Paragraph 4 4.
Amendment 53 #
Draft opinion Paragraph 4 4. Deplores the fact that too few Member States have put protection for whistleblowers in place
Amendment 54 #
Draft opinion Paragraph 4 Amendment 55 #
Draft opinion Paragraph 4 4.
Amendment 56 #
Draft opinion Paragraph 4 4. Deplores the fact that too few Member States have put protection for whistleblowers in place and insists that protection is required at EU level
Amendment 57 #
Draft opinion Paragraph 4 4. Deplores the fact that too few Member States have put protection for whistleblowers in place and insists that protection is required at EU level
Amendment 58 #
Draft opinion Paragraph 4 a (new) 4a. Notes that some provisions to protect whistleblowers in EU law are already in existence, but that these provisions are often limited in scope or scattered across different laws, leaving loopholes and gaps;
Amendment 59 #
Draft opinion Paragraph 4 a (new) 4a. Asks for the Commission’s support in encouraging Member States to create efficient and effective whistleblower protection mechanisms;
Amendment 6 #
Draft opinion Paragraph -1 e (new) -1e. - having regard to Council of Europe recommendation CM/Rec(2014)7 on the protection of whistleblowers,
Amendment 60 #
Draft opinion Paragraph 5 5. Urges the Commission to put forward a proposal for a whistleblower protection directive or any other EU instrument to the same effect; stresses the need for a horizontal legal instrument, given the inadequacies and failings of sectorial approaches for that purpose, such as that taken in Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure;
Amendment 61 #
Draft opinion Paragraph 5 5. Urges the Commission to put forward a proposal without delay for a whistleblower
Amendment 62 #
Draft opinion Paragraph 5 5. Urges the Commission to put forward a proposal for a whistleblower protection directive or any other EU instrument to the same effect; encourages Member States to develop legislative instruments that protect those who report justified and proven breaches of conduct to public authorities;
Amendment 63 #
Draft opinion Paragraph 5 5. Urges the Commission to put forward a proposal for a
Amendment 64 #
Draft opinion Paragraph 5 5. Urges the Commission to put forward a proposal for a whistleblower protection directive, particularly for whistleblowers from the European Union agencies, or any other EU instrument to the same effect;
Amendment 65 #
Draft opinion Paragraph 5 5. Urges the Commission to put forward a proposal for a whistleblower protection directive
Amendment 66 #
Draft opinion Paragraph 5 5. Urges the Commission to put
Amendment 67 #
Draft opinion Paragraph 5 a (new) 5a. Urges the Commission to consider carrying out further horizontal and sectoral actions at EU level, in line with the subsidiarity principle, with a view to consolidating and promoting whistleblower protection;
Amendment 68 #
Draft opinion Paragraph 5 a (new) 5a. Suggests that EU agencies adopt a written policy on protection from reprisals for people reporting irregularities, as well as whistleblowers;
Amendment 69 #
Draft opinion Paragraph 5 b (new) 5b. Points out that in most cases the work of whistleblowers is based on the principles of transparency and integrity; the protection of whistleblowers should therefore be guaranteed by law and reinforced throughout the Union, but only if the purpose of their action is to protect the public interest by acting in good faith in accordance with the jurisprudence of the European Court of Human Rights;
Amendment 7 #
Draft opinion Paragraph -1 f (new) -1f. - having regard to the decision of the European Court of Human Rights in the case Guja v. Moldova, Application No 14277/04 of 12 February 2008,
Amendment 70 #
Draft opinion Paragraph 5 b (new) 5b. Urges the Commission to monitor Member States’ provisions on whistleblowers with a view to facilitating the exchange of best practice, which will help to ensure more efficient protection for whistleblowers at national level;
Amendment 71 #
Draft opinion Paragraph 6 6. Stresses that
Amendment 72 #
Draft opinion Paragraph 6 6. Stresses that environmental crimes, which may result in health and food issues, should fall within the scope of any EU instrument protecting whistleblowers particularly when there are cross-border or EU-wide implications;
Amendment 73 #
Draft opinion Paragraph 6 6. Stresses that disclosures on environmental crimes
Amendment 74 #
Draft opinion Paragraph 6 6. Stresses that whistleblowers help to uncover environmental crimes, which may result in public health and food safety issues,
Amendment 75 #
Draft opinion Paragraph 6 6. Stresses that environmental crimes or crimes against animal welfare, which may result in health and food issues, should fall within the scope of any EU instrument protecting whistleblowers;
Amendment 76 #
Draft opinion Paragraph 6 6. Stresses that environmental crimes, which may result in health and food issues, should fall within the scope of
Amendment 77 #
Draft opinion Paragraph 6 6. Stresses that damage to the environment
Amendment 78 #
Draft opinion Paragraph 6 a (new) 6a. Emphasises the importance of open organisational cultures and of the existence of multiple, protected channels for voluntary reporting of information, internally and externally, in order to prevent harm to the environment, human health and the food chain, which is also in the best interests of the organisations themselves;
Amendment 79 #
Draft opinion Paragraph 7 7. Highlights the fact that EU whistleblower protection legislation must be comprehensive and fast-acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action; underlines that effective whistleblower protection is essential to guarantee the right to free speech and freedom of information, and that conflicting norms governing matters of secrecy and confidentiality should be reviewed in line with European human rights jurisprudence, so as to ensure that such exceptions are necessary and proportionate;
Amendment 8 #
Draft opinion Paragraph -1 g (new) -1g. - having regard to the OECD publication on ‘Committing to effective whistleblower protection’,
Amendment 80 #
Draft opinion Paragraph 7 7. Highlights the fact that EU whistleblower protection legislation must
Amendment 81 #
Draft opinion Paragraph 7 7. Highlights the fact that EU whistleblower protection legislation must be comprehensive and fast-acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action, harassment, intimidation and exclusion of those people from their place of work or private life;
Amendment 82 #
Draft opinion Paragraph 7 7. Highlights the fact that EU whistleblower protection legislation must be comprehensive and fast-acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action; calls on the Commission to ensure that whistle-blowers have access to independent legal advice and financial and psychological support;
Amendment 83 #
Draft opinion Paragraph 7 7. Highlights the fact that EU whistleblower protection legislation must be comprehensive
Amendment 84 #
Draft opinion Paragraph 7 7. Highlights the fact that EU whistleblower protection legislation must be comprehensive and fast-acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action, in either the professional or the personal sphere;
Amendment 85 #
Draft opinion Paragraph 7 7. Highlights the fact that EU
Amendment 86 #
Draft opinion Paragraph 7 7. Highlights the fact that EU whistleblower protection legislation must be
Amendment 87 #
Draft opinion Paragraph 7 a (new) 7a. Calls on Member States and the Commission to draw up a strict legal framework which will enable businesses to establish internal whistleblower systems, properly defining the concept of a reasonable period for a reply from the undertaking, and ensuring that these systems comply with social legislation and the law protecting personal data;
Amendment 88 #
Draft opinion Paragraph 7 a (new) 7a. Highlights the need for legal certainty regarding the protective provisions afforded to whistleblowers, as a continued lack of clarity and a fragmented approach deters potential whistleblowers from coming forward, and is detrimental to their employers, especially in the case of businesses that operate in multiple jurisdictions or sectors;
Amendment 89 #
Draft opinion Paragraph 7 a (new) 7a. Stresses the important role of investigative journalism and calls on the Commission to ensure that its proposal offers the same level of protection to both investigative journalists and whistleblowers;
Amendment 9 #
Draft opinion Paragraph -1 h (new) -1h. - having regard to Articles 8, 13 and 33 of the United Nations Convention Against Corruption,
Amendment 90 #
Draft opinion Paragraph 7 b (new) 7b. Highlights the fact that whistleblower protection is essential in order to protect the public interest and promote a culture of public accountability and integrity in both public and private institutions;
Amendment 91 #
Draft opinion Paragraph 8 Amendment 92 #
Draft opinion Paragraph 8 8. Stresses that the definition of a whistleblower should not be narrow or restricted to certain fields, work contract status or the legal character of the acts or information reported or disclosed, and that
Amendment 93 #
Draft opinion Paragraph 8 8. Stresses that
Amendment 94 #
Draft opinion Paragraph 8 8. Stresses that the EU whistle blower protection legislation should be horizontal and that the definition of a whistleblower should not be narrow or restricted to certain fields, and that whistleblowers in the public and private sectors should be afforded equal
Amendment 95 #
Draft opinion Paragraph 8 8. Stresses that the definition of a whistleblower
Amendment 96 #
Draft opinion Paragraph 8 a (new) 8a. Emphasises that protection is needed not just for internal disclosures made through designated channels within the workplace or disclosures to public authorities or oversight bodies, but - taking into account the relevant case law of the European Court of Human Rights - also external disclosures made to the general public, via the media or otherwise;
Amendment 97 #
Draft opinion Paragraph 8 a (new) 8a. Encourages the Member States to develop benchmarks and indicators on whistleblower policies in both the public and private sector;
Amendment 98 #
Draft opinion Paragraph 9 Amendment 99 #
Draft opinion Paragraph 9 9. Points out that EU legislation should establish a clear procedure for handling disclosures from start to finish to ensure proper follow-through on the actions taken by whistleblowers, from
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