Procedure completed
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), LEBRETON Gilles (ENF) |
| Opinion | LIBE | PAGAZAURTUNDÚA RUIZ Maite (ALDE) |
Legal Basis RoP 052
Activites
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2017/10/24
Decision by Parliament, 1st reading/single reading
- T8-0402/2017
- 2017/10/23 Debate in Parliament
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2017/10/11
Committee report tabled for plenary, single reading
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A8-0295/2017
summary
The Committee on Legal Affairs adopted an own-initiative report by Virginie ROZIÈRE (S&D, FR) on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies. The Committee on Economic and Monetary Affairs, exercising its prerogative as an associated committee in accordance with Article 54 of the Rules of Procedure, also gave its opinion on the report. Whistle-blowers play a central role in reporting unlawful or improper conduct which undermines the general interest and functioning of society. However, the protection of whistle-blowers is fragmented in Europe, which creates legal uncertainty in cross-border situations in particular. Protecting whistle-blowers: before the end of 2017, the Commission is invited to present a legislative proposal laying down the protection of whistle-blowers across the board in both public and private sectors and in national and European institutions. Citizens and journalists should be given legal protection rather than be prosecuted for disclosing information in the public interest. Also, EU legislation should establish a clear procedure for the correct handling of alerts and for effective protection of whistle-blowers. Companies that take fully verified retaliatory action against whistle-blowers may not receive EU funds nor enter into contracts with public bodies. Members regretted the fact that only a few Member States have sufficiently advanced early warning system protection systems. They called on Member States that have not yet adopted relevant legislation to do so in the near future and called on the Commission to consider the creation of a platform for the exchange of good practice in this field between Member States, as well as with third countries. Member States and EU institutions are invited to promote the positive role that whistle-blowers play, in particular through awareness-raising and protection campaigns. Reporting mechanism: Members called for a reliable system for internal reporting to competent authorities and outside the organisation. Employers should be encouraged to introduce internal reporting procedures and each organisation should establish clear reporting channels with an independent or impartial person or entity to collect reports. Each worker should be informed of the applicable reporting procedure, which should ensure confidentiality and a reasonable period of time in the handling of the report. Protection given to whistle-blowers: Members considered that when a person is recognised as a whistle-blower, measures should be taken to protect them against any retaliation and for compensation to be granted for any harassment suffered. Retaliation should be penalised and sanctioned effectively. Whistle-blowers should also have the opportunity to lodge an application for interim relief to prevent retaliation, such as dismissal. Members also suggested that clearly regulated means of reporting anonymously should be introduced. The identity of the whistle-blower and any information enabling his identification may not be revealed without his or her consent and any breach confidentiality of identity should be subject to criminal penalties and sanctions. Supporting whistleblowers: Members recalled that, beyond professional risks, whistle-blowers face personal, psychological, social and financial risks. For this reason, Members considered it necessary to provide psychological support, the granting of legal aid to whistle-blowers who request it and lack sufficient resources, as well as the granting of social and financial aid where necessary in the event of civil or judicial proceedings against them. The Commission is urged look into the feasibility of entrusting the European Ombudsman in this context. Members called for the establishment of a centralised European authority for the effective protection of whistle-blowers and people who assist their acts. They also called on Member States to establish independent bodies, with sufficient budgetary resources and appropriate specialists, responsible for collecting reports, verifying their credibility, following up on the response given and providing guidance to whistle-blowers. Lastly, the report stressed that investigations into issues raised by whistle-blowers should be conducted independently and as quickly as possible, while also protecting the rights of individuals that might be implicated by a disclosure.
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A8-0295/2017
summary
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2017/10/02
Vote in committee, 1st reading/single reading
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2016/09/15
Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee report tabled for plenary, single reading: A8-0295/2017
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T8-0402/2017
| Amendments | Dossier |
| 742 |
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
source: 606.158
2017/06/28
CONT
40 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas whistle-blowers play an important and sometimes even crucial role in reporting irregularities, illegalities, fraud, corruption and other wrongdoing or breaches of the rule of law at European and national level both in the public and the private sectors;
Amendment 10 #
Draft opinion Recital C a (new) Ca. whereas an increasing number of economic fraud investigations may be of a cross-border nature, with whistle-blowers playing a major role key role in revealing what lies behind illegal acts perpetrated from without and detrimental to national economic interests;
Amendment 11 #
Draft opinion Paragraph –1 (new) -1. Believes that the lack of adequate whistleblower protection has a negative impact on the protection of the EU's financial interest;
Amendment 12 #
Draft opinion Paragraph 1 1. Calls on the Commission and Member States to take all necessary steps to implement the resolution on the role of whistle-blowers in the protection of EU’s financial interests and, in particular, to submit legislative proposals aimed at establishing a
Amendment 13 #
Draft opinion Paragraph 1 1. Calls on the Commission to take all necessary steps to implement without any further delay the resolution on the role of whistle-blowers in the protection of EU’s financial interests and, in particular, to submit legislative proposals aimed at establishing a minimum level of protection for European whistle-
Amendment 14 #
Draft opinion Paragraph 1 1. Calls on the Commission to take all necessary steps to implement the resolution on the role of whistle-blowers in the protection of EU’s financial interests and, in particular, to submit legislative proposal
Amendment 15 #
Draft opinion Paragraph 1 1. Calls on the Commission to take all necessary steps to implement the resolution on the role of whistle-blowers in the protection of EU’s financial interests and, in particular, to submit legislative proposals aimed at establishing a minimum level of protection across the Union for European whistle-
Amendment 16 #
Draft opinion Paragraph 1 1.
Amendment 17 #
Draft opinion Paragraph 1 a (new) 1 a. Notes that only a few Member States have introduced sufficiently advanced whistleblower protection systems, notwithstanding the essential need of whistleblower protection in the prevention of, and fight against, corruption, and despite the fact that whistleblower protection is recommended in Article 33 of the UN Convention against Corruption;calls on those Member States which have not yet adopted the principles to protect whistle- blowers in their domestic law, to do so as soon as possible;
Amendment 18 #
Draft opinion Paragraph 1 a (new) 1 a. Calls on the Commission to put forward a definition of whistle-blowers which covers as many cases as possible.
Amendment 19 #
Draft opinion Paragraph 2 2. Notes that, although the focus of the resolution adopted by Parliament is on whistle-blowers in the context of the financial interests of the EU, many of the proposed measures
Amendment 2 #
Draft opinion Recital A A. whereas whistle-blowers play an important and sometimes even crucial role in pre
Amendment 20 #
Draft opinion Paragraph 2 2. Notes that, although the focus of the resolution adopted by Parliament is on whistle-blowers in the context of the financial interests of the EU, many of the proposed measures can also apply to whistle-blowers in a broader sense; stresses the contribution made by investigative journalists and considers that the protection afforded to whistle-blowers should also be extended to them;
Amendment 21 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Commission to include in its proposal a recommendation that every report of fraud be referred automatically to the relevant court with a view to launching an external investigation, to lay down penalties for the victimisation of whistle-blowers, whatever form it may take, and to provide for a financial reward for those reporting wrongdoing or irregularities detrimental to the financial interests of the European Union, amounting to between 15% and 30% of the amount recovered following a final judgment;
Amendment 22 #
Draft opinion Paragraph 3b (new) 3b. 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 23 #
Draft opinion Paragraph 3c (new) 3c. Calls for measures to protect workers to include arrangements for safeguarding the anonymity of whistle- blowers and the confidentiality of information, where appropriate by means of encryption, as well as penalties for anyone failing to meet their obligations in this area;
Amendment 24 #
Draft opinion Paragraph 4 4. Welcomes the fact that the Commission has recently introduced a channel for whistle-blowers to report or disclose information on competition and cartel agreements, but stresses the need for simplifying procedures and insists that there should not be an excessive number of channels;
Amendment 25 #
Draft opinion Paragraph 4 4. Welcomes the fact that the Commission has
Amendment 26 #
Draft opinion Paragraph 4 4. Welcomes the fact that the Commission has recently introduced a channel for whistle-blowers to report or disclose information on competition and cartel agreements, but insists that there should not be an excessive number of channels; tiers for reporting include wider public accountability, such as media.
Amendment 27 #
Draft opinion Paragraph 4a (new) 4 a. Calls on the Commission to introduce protections against retaliation of any form, and to ensure that the burden of proof in claims for victimisation or reprisal is on the employer.
Amendment 28 #
Draft opinion Paragraph 4b (new) 4 b. Calls on the Commissions to foresee legal, financial and psychological assistance whenever needed and to foresee a wide understanding of working relationships.
Amendment 29 #
Draft opinion Paragraph 5 5. Calls, therefore, on the Commission to
Amendment 3 #
Draft opinion Recital Α A. whereas whistle-blowers often play an important and
Amendment 30 #
Draft opinion Paragraph 5 5. Calls, therefore, on the Commission to build on the resolution recommendation to establish an independent information- gathering, advisory and referral EU body, with offices in all Member States which are in a position to receive reports and complaints of irregularities, with sufficient budgetary resources, adequate competences and appropriate specialists, in order to help internal and external whistle- blowers use the right channels to disclose their information, while protecting their confidentiality at all times as per the definition of the concept of whistleblowing and with sufficient verification capabilities to carry out an initial sorting and filtering the notifications and information received; urges the Commission to look into the feasibility of entrusting the European Ombudsman with these tasks;
Amendment 31 #
Draft opinion Paragraph 5 5. Calls, therefore, on the Commission to build on the resolution recommendation to establish an independent information- gathering, advisory and referral EU body, with offices in Member States as well as a controlled website where complaints can be submitted, which are in a position to receive reports of irregularities, with sufficient budgetary resources, adequate competences and
Amendment 32 #
Draft opinion Paragraph 5 5. Calls, therefore, on the Commission to build on the resolution recommendation to examine the possibility to establish an independent information-
Amendment 33 #
Draft opinion Paragraph 5 5. Calls, therefore, on the Commission to build on the resolution recommendation to seek the establishment of an independent information-
Amendment 34 #
Draft opinion Paragraph 5a (new) 5 a. Regrets that not all of the EU's agencies have implement internal rules to protect whistle-blowers and calls on those agencies to implement the internal rules in accordance with Articles 22a, 22b and 22c of the Staff Regulations;
Amendment 35 #
Draft opinion Paragraph 6 6. Expresses the view that the
Amendment 36 #
Draft opinion Paragraph 6 6. Expresses the view that the adoption of
Amendment 37 #
Draft opinion Paragraph 6 6. Expresses the view that the adoption of sector-specific legislation, such as in the field of the protection of the financial interests of the EU,
Amendment 38 #
Draft opinion Paragraph 6 6.
Amendment 39 #
Draft opinion Paragraph 6 6. Expresses the view that the adoption of sector-specific legislation, such as in the field of the protection of the financial interests of the EU,
Amendment 4 #
Draft opinion Recital B B. whereas
Amendment 40 #
Draft opinion Paragraph 6a (new) 6 a. Encourages European Agencies to act as an example for Member States and the private sector by implementing internal rules and procedures on whistle- blower protection, which could also lower the threshold to inform third parties about malpractices;
Amendment 5 #
Draft opinion Recital Β B. whereas the courage of those who, notwithstanding their personal and professional risks, report or disclose information in the public interest is such that the public law enforcement and monitoring authorities owe them adequate legal safeguards and protection;
Amendment 6 #
Draft opinion Recital B B. whereas the courage of those who, notwithstanding their personal and professional risks, report or disclose information in the public interest is such that the public authorities owe them adequate legal safeguards and protection, and also financial support, in cases where whistle-blowers have lost their jobs and - because of their whistle-blowing act and through no fault of their own - are unable to secure new and suitable employment; this may involve (but is not limited to) full support for retraining, including further education;
Amendment 7 #
Draft opinion Recital B a (new) B a. whereas the activity of whistle- blowers, based on the principles of transparency and integrity, is essential for whistleblowing, so their protection should be guaranteed by law and reinforced throughout the European Union but only if the purpose of their action is to protect the public interest by acting in good faith according to the jurisprudence of the European Court of Human Rights;
Amendment 8 #
Draft opinion Recital C C. whereas Parliament has recently adopted two documents:1 a
Amendment 9 #
Draft opinion Recital C a (new) Ca. Whereas since 1 July 2014 almost all European institutions and agencies have incorporated, as is mandatory, measures to protect whistleblowers into their internal rules of procedure, in accordance with Articles 22(b) and (c) of the Staff Regulations;
source: 607.823
2017/07/06
LIBE
76 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas the Commission stated in its communication of 5 July 2016 that the protection of whistle-blowers, in both the public and private sectors, helps to address mismanagement and irregularities, including cross-border corruption, transnational tax evasion and unfair trading practices, which deprives European tax authorities of legitimate tax revenue and contributes to distort fair competition within the European single market;
Amendment 10 #
Draft opinion Recital C C. whereas reporting by whistle- blowers of information that could threaten or harm the public interest is done indirectly indirectly, ostensibly on the basis of their freedom of expression and information, both rights enshrined in the EU Charter of Fundamental Rights, and with
Amendment 11 #
Draft opinion Recital C C. whereas reporting by whistle- blowers of information that could threaten or harm the public interest is done on the
Amendment 12 #
Draft opinion Recital C a (new) Ca. Whereas in its Resolution of 23 October 2013 on ‘Organised crime, corruption and money laundering: recommendations on action and initiatives to be taken’ (P7_TA(2013)0444) , the European Parliament particularly called for the Commission, by the end of 2013, to submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection programme in the public and in the private sector to protect those who detect inefficient management and irregularities and report cases of national and cross-border corruption relating to EU financial interests and to protect witnesses, informers, and those who cooperate with the courts, and in particular witnesses testifying against mafia-type and other criminal organisations, with a view to resolving the difficult conditions under which they have to live.
Amendment 13 #
Draft opinion Recital C a (new) Ca. whereas protection of whistle- blowers cannot be achieved only via legal measures but also fostering a cultural change in European societies. Encourages Member States and European Commission to build a narrative, which underlines the fundamental role that whistle-blowers play in our societies;
Amendment 14 #
Draft opinion Recital C a (new) Ca. Whereas the protection of whistle- blowers in the European Union should not only be limited to European cases, but should also apply to international cases.
Amendment 15 #
Draft opinion Recital C b (new) Cb. Whereas in its resolution adopted on 25th November 2015 on 'Tax Rulings and other measures similar in nature or effect’ (P8_TA(2015)0408), the European Parliament called on the European Commission to propose EU legislation to protect whistle-blowers by June 2016 and condemned the fact that citizens and 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.
Amendment 16 #
Draft opinion Recital C c (new) Cc. Whereas in its Resolution adopted on 16th December 2015 on “Bringing transparency, coordination and convergence to corporate tax policies” (P8_TA(2015)0457), the European Parliament called on the European Commission to bring forward a legislative proposal offering Union-wide protection for whistle-blowers who report suspected misconduct, wrongdoing, fraud or illegal activity to national or European authorities or, in cases of persistently unaddressed misconduct, wrongdoing, fraud or illegal activity that could affect the public interest, to the public as a whole.
Amendment 17 #
Draft opinion Recital C d (new) Cd. Whereas in its Resolution of 14 February 2017 on the role of whistle- blowers in the protection of EU’s financial interests (P8_TA(2017)0022), the European Parliament urged the Commission to immediately submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection programme which includes mechanisms for companies, public bodies and non-profit organisations and, in particular, called on the Commission to submit a legislative proposal before the end of 2017 protecting whistle-blowers as part of the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Union, with a view to affording effective and equivalent protection in the Member States and in all the Union’s institutions, bodies, offices and agencies;
Amendment 18 #
Draft opinion Recital C e (new) Ce. Whereas there exists significant variation between the ways in which different Member States provide protection for whistle-blowers and as a result workers both in the public and private sector who hold vital information, which can also be of relevance in another Member State, are understandably reluctant to come forward and therefore that information will not be made available.
Amendment 19 #
Draft opinion Paragraph -1 (new) -1. Stresses that in democratic and open states based on the rule of law, citizens have a right to know about violations of their fundamental rights and to denounce them, including those involving their own government;
Amendment 2 #
Draft opinion Recital A a (new) Aa. Whereas whistle-blowers who act in the public interest in order to expose misconduct, wrongdoing, fraud or illegal activity often take a very high personal risk as they may be dismissed, sued, boycotted, arrested, threatened or victimised and discriminated in a variety of other ways.
Amendment 20 #
Draft opinion Paragraph -1 a (new) -1a. Notes that the culture of whistle- blowing is contested and ill-conceived in many Member States and among the European public; highlights the need for a change in the perception of whistle- blowing and its connection to fundamental rights; states that whistle- blowing should be promoted as civic engagement and as an act of good citizenship supported by communication, learning, education and training; states, that within the “risk society” information brought to light by whistle-blowers is needed to conduct a public discourse about the dangers and opportunities of social and technological innovation; therefore encourages the Member States to start a public dialogue on whistle- blowing in order to raise awareness and to incentivise citizens to speak up if they discover misconduct, wrongdoings or fraud;
Amendment 21 #
Draft opinion Paragraph 1 1. Recognises that whistle-blowing plays a crucial role in the fight against
Amendment 22 #
Draft opinion Paragraph 1 1.
Amendment 23 #
Draft opinion Paragraph 1 1. Recognises that whistle-blowing plays a crucial role in the fight against corruption and other serious crimes; points out that protection of whistle-blowers should not be limited only to cases where confidential information is revealed but to
Amendment 24 #
Draft opinion Paragraph 1 1. Recognises that whistle-blowing plays a crucial role in the fight against corruption and other serious crimes; points out that protection of whistle-blowers should not be limited only to cases where confidential information is revealed but to all cases of disclosure of misconduct, wrongdoing or involvement in illegal activities; points out that the existing national legislation and the existing Union legislation on protection of whistle- blowers is scattered and that the protection of whistle-blowers across the Member States is uneven
Amendment 25 #
Draft opinion Paragraph 1 1. Recognises that whistle-blowing plays a crucial role in the fight against corruption
Amendment 26 #
Draft opinion Paragraph 1 1. Recognises that whistle-blowing plays a crucial role in the fight against corruption and other serious crimes as well as in prosecuting violation that may affect public health safety, the environment, human rights or the rule of law at European level; points out that protection of whistle-blowers and their families should not be limited only to cases where confidential information is revealed but to all cases of disclosure of misconduct, wrongdoing or involvement in illegal activities; points out that the existing
Amendment 27 #
Draft opinion Paragraph 1 a (new) 1a. Stresses that the definition of whistleblowing includes the protection of those who disclose information with a reasonable belief that the information is true at the time it is disclosed, including those who make inaccurate disclosures in honest error;
Amendment 28 #
Draft opinion Paragraph 1 a (new) 1a. Highlights the need for a common and broad definition of whistle-blowing and whistle-blowers in order to ensure suitable legal protection for whistle- blowers and the smooth functioning of the EU body mentioned in paragraph 4;
Amendment 29 #
Draft opinion Paragraph 1 a (new) 1a. Emphasises that persons who knowingly report wrong or misleading information to competent authorities should not be considered as whistle- blowers and thus should not enjoy the protection mechanisms.
Amendment 3 #
Draft opinion Recital A a (new) Aa. whereas the Union is founded on the values of democracy, the rule of law and respect for human rights, which are enshrined in Article 2 TEU;
Amendment 30 #
Draft opinion Paragraph 1 b (new) 1b. Stresses that protection against further conviction for defamation or breach of professional secrecy must be ensured.
Amendment 31 #
Draft opinion Paragraph 2 2.
Amendment 32 #
Draft opinion Paragraph 2 2.
Amendment 33 #
Draft opinion Paragraph 2 2. Stresses that protection of whistle- blowers should be harmonised at EU level; is of the opinion that a horizontal EU legal instrument providing protection for whistle-blowers in
Amendment 34 #
Draft opinion Paragraph 2 2.
Amendment 35 #
Draft opinion Paragraph 2 2. Stresses that protection of whistle-
Amendment 36 #
Draft opinion Paragraph 2 a (new) 2a. Underlines that the EU institutions must be interested and show strong willingness to support the role of whistle- blowers and the benefits they bring in correcting wrongdoing; reminds the lack of follow-up and proper settlement regarding whistle-blowing cases at this level; considers a matter of urgency, before a Directive on the protection of whistle-blowers would be adopted, that the Commission Guidelines on the protection of whistle-blowers within the EU institutions are properly implemented and urges all institutions, including Agencies, to establish clear rules for the protection of whistle-blowers, as well as measures against ´´revolving doors´´;
Amendment 37 #
Draft opinion Paragraph 2 a (new) 2a. Recognises that every person who contributes information to a relevant authority or who discloses an infringement in another appropriate way has to have the right to legal protection.
Amendment 38 #
Draft opinion Paragraph 2 b (new) 2b. Urges the European Court of Auditors and the European Ombudsman to publish, each, by the end of 2017: 1) special reports containing statistics and a clear track record of whistle-blowing cases identified in the European institutions, businesses, associations, organisations and other bodies registered in the Union; 2) the follow-up of the institutions concerned in relation to the cases revealed, based on the current Commission guidelines and rules; 3) the outcome of each investigation open as a result of the information received from whistle-blowers; 4) the measures foreseen in every case for the whistle-blowers´ protection;
Amendment 39 #
Draft opinion Paragraph 3 3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, and at the possibility of initiating criminal and civil judicial proceedings against whistle- blowers; calls for the
Amendment 4 #
Draft opinion Recital A a (new) Aa. whereas large scale transnational fraud is increasing, mainly benefitting from legislative gaps existing between Member States’ legislation;
Amendment 40 #
Draft opinion Paragraph 3 3.
Amendment 41 #
Draft opinion Paragraph 3 3.
Amendment 42 #
Draft opinion Paragraph 3 3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, and at the possibility of initiating criminal and civil judicial proceedings against whistle- blowers; calls for the creation of a clear horizontal legal framework that includes definitions, protection against different forms of reprisals, and exemptions from criminal and civil proceedings
Amendment 43 #
Draft opinion Paragraph 3 3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, and at the possibility of initiating criminal and civil judicial proceedings against whistle- blowers; considers that people who want to reveal irregularities, mismanagement, misuse of funds, maladministration or potential corruption related to the activity of public and private bodies within the Union are not truly protected and do not feel protected; this is why many of them use other means to reveal the wrongdoing or even refrain from acting; therefore, calls for the creation of a clear horizontal legal framework that includes definitions, protection against different forms of reprisals, and exemptions from criminal and civil proceedings, according to criteria to be established; strongly believes that this will increase the citizens´ trust in their European and national bodies;
Amendment 44 #
Draft opinion Paragraph 3 3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, resulting in discrimination and social exclusion, not infrequently affecting their families also, and at the possibility of initiating criminal and civil judicial proceedings against whistle-
Amendment 45 #
Draft opinion Paragraph 3 3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, and at the possibility of initiating criminal and civil judicial proceedings against whistle- blowers; encourages both the European Commission and Member States to adopt measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats; calls for the creation of a clear horizontal legal framework that includes definitions, protection against different forms of reprisals, and exemptions from criminal and civil proceedings, according to criteria to be established;
Amendment 46 #
Draft opinion Paragraph 3 a (new) 3a. Emphasises that no employment relationship should restrict someone’s right of freedom of expression and no one should be discriminated against in cases of exercising that right.
Amendment 47 #
Draft opinion Paragraph 3 b (new) 3b. Highlights that whistle-blowers act at high personal and professional risk and may pay a high price; 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 should be found in order to avoid a deterioration of their living conditions and falling into precariousness; notes that mental and psychological help must be secured; notes that in court cases the legal fees of the whistle-blowers have to be reimbursed; states that personal data of the whistle- blowers should never be published;
Amendment 48 #
Draft opinion Paragraph 3 c (new) 3c. Emphasises that the protection of whistle-blowers also applies if the expressed suspicion is in the end not confirmed if the person acted in good faith.
Amendment 49 #
Draft opinion Paragraph 4 4.
Amendment 5 #
Draft opinion Recital A b (new) Ab. whereas whistle-blowing represents a fundamental source of information in the fight against organised crime, in the investigation of cases of corruption within the public sector as well as in the detection of tax avoidance schemes set up by private companies;
Amendment 50 #
Draft opinion Paragraph 4 4. Calls for the creation of legal and
Amendment 51 #
Draft opinion Paragraph 4 4. Calls for the creation of legal
Amendment 52 #
Draft opinion Paragraph 4 4. Calls for the creation of legal and
Amendment 53 #
Draft opinion Paragraph 4 4. Calls for the creation of legal, safe, accessible and secure disclosure channels (i.e. hotlines, websites, contact points) at national level to facilitate reporting to the competent authorities of information on threats to the public interest; such channels should investigate claims professionally and also provide whistle- blowers with detailed information about their rights and responsibility and support them against any retaliatory measures;
Amendment 54 #
Draft opinion Paragraph 4 4. Calls for the creation of legal and secure disclosure channels at national level to facilitate reporting to the competent authorities of information on threats to the public interest; the authorities shall assure that in the cases of financial hardship the legal aid is granted in all process stages.
Amendment 55 #
Draft opinion Paragraph 4 4. Calls for the creation of legal and secure disclosure channels at national and European level to facilitate reporting to the competent authorities of information on threats to the public interest; underlines the importance of confidentiality in all whistle-blowing related files and recalls that basic rules for the protection of anonymous whistle-blowers should be put in place, in cases where such protection is required;
Amendment 56 #
4. Calls for the creation of legal and secure disclosure channels at national level, including online notification platforms, to facilitate reporting to the competent authorities of information on threats to the public interest;
Amendment 57 #
Draft opinion Paragraph 4 a (new) 4a. Notes that whistle-blowers should have access to independent legal advice on their case and to an attorney, and they should be given psychological support and/or treatment if needed; emphasises that actions taken to harass whistle- blowers, their family or colleagues as a result of the protected disclosure should be prohibited and sanctioned; stresses that whistle-blowers, their family and colleagues should also be able to claim compensation for any harassment suffered or the loss of current or future livelihood, if the damage occurred in retaliation for a protected disclosure.
Amendment 58 #
Draft opinion Paragraph 4 a (new) 4a. Reminds the crucial role played by investigative journalists in revealing wrongdoing and stresses that they are an exposed group of professionals, often paying with their jobs, freedom and even their lives disclosures of massive irregularities and corruption schemes; calls for the inclusion of special measures to protect investigative journalists in a horizontal Proposal for the protection of whistle-blowers;
Amendment 59 #
Draft opinion Paragraph 4 a (new) 4a. Stresses that whistle-blowers are an important source of information for investigative journalism; calls on the Member States to ensure that the right of journalists not to reveal a source’s identity is effectively and legally protected; stresses that journalists, in case that they themselves are the source, should be protected and that authorities in both cases should refrain from using surveillance;
Amendment 6 #
Draft opinion Recital A c (new) Ac. whereas the protection of whistle- blowers is essential in order to safeguard the public good and the financial interests of the European Union and to promote a culture of public accountability and integrity in both public and private institutions;
Amendment 60 #
4a. The rights of defence and access to remedies of the reported person should be fully respected at every stage of the procedure, including the right to access to the file, the right to be heard and the right to seek effective remedy against the decision, under the applicable procedures set out in national law.
Amendment 61 #
Draft opinion Paragraph 4 a (new) 4a. Stresses that in accordance with Articles 22a, 22b and 22c of the Staff Regulations all EU institutions should have in place robust and comprehensive internal rules on whistle-blower protection;
Amendment 62 #
Draft opinion Paragraph 4 a (new) Amendment 63 #
Draft opinion Paragraph 4 b (new) 4b. Member States should ensure that competent authorities have in place adequate protection procedures for the processing of reports of infringements and reported persons’ personal data; such procedures should ensure that the identity of the person is protected at all stages of the procedure; this obligation should be without prejudice to the necessity and proportionality of the obligation to disclose information when this is required by Union or national law and subject to appropriate safeguards under such laws, including in the context of investigations or judicial proceedings or to safeguard the freedom of others, including the rights of defence of the reported person.
Amendment 64 #
Draft opinion Paragraph 4 b (new) 4b. Stresses that investigations into the issues raised by whistle-blowers should be conducted independently and within the shortest time frame possible, protecting also the rights of individuals that might be implicated by a disclosure. Both the whistle-blower and any person implicated by a disclosure should be able to provide additional arguments and evidence throughout the investigation, and they should be kept informed of the handling of the disclosure.
Amendment 65 #
Draft opinion Paragraph 4 b (new) 4b. Highlights the important role of the media in unveiling illegalities or misconduct, notably when these infringe upon the fundamental rights of citizens; expresses its continued support for investigative journalism and media freedom;
Amendment 66 #
Draft opinion Paragraph 4 b (new) 4b. Calls for the establishment of an independent advisory and referral Unit within the European Ombudsman in a position to receive reports, complaints, gather information and adequately advise on the protection of whistle-blowers;
Amendment 67 #
Draft opinion Paragraph 4 c (new) 4c. Calls on the EU institutions, in cooperation with all relevant national authorities, to introduce and take all necessary measures to protect the anonymity and confidentiality of the information sources in order to prevent any discriminatory actions or threats;
Amendment 68 #
Draft opinion Paragraph 4 c (new) 4c. Emphasises that non- governmental organisations are not excepted from attempts of maladministration, fraud, misuse of funds and other irregularities and considers that rules for whistle-blowers in the public and private sector should equally apply to NGOs;
Amendment 69 #
Draft opinion Paragraph 4 d (new) 4d. States, that a clear solution for whistle-blowers working in EU-registered companies but based outside the EU, is needed.
Amendment 7 #
Draft opinion Recital Β Β. whereas the
Amendment 70 #
Draft opinion Paragraph 4 e (new) 4e. Calls on the EU institutions to award a European whistle-blower prize to encourage a change in the perception of whistle-blowing and its connection to fundamental rights and that whistle- blowing is an act of good citizenship.
Amendment 71 #
Draft opinion Paragraph 5 5. Emphasises that freedom of expression and information
Amendment 72 #
Draft opinion Paragraph 5 5. Emphasises that the right of citizens to report wrongdoing is a natural extension of the right of freedom of expression and information
Amendment 73 #
Draft opinion Paragraph 5 5. Emphasises that freedom of expression and information,
Amendment 74 #
Draft opinion Paragraph 5 5. Emphasises that
Amendment 75 #
Draft opinion Paragraph 5 a (new) 5a. Stresses the Member States to comply with the Recommendations of Council of Europe on the protection of whistle-blowers.
Amendment 76 #
Draft opinion Paragraph 5 b (new) 5b. Calls on the European Commission to evaluate the possibility to debate the situations of the whistle- blowers who are taking part of the wrongdoing, namely the possibility to introduce the mechanism of plea bargaining. In order to create an effective tool to fight against corruption and organised crime, it is necessary to have in account not only the situations where the whistle-blowers only reports the wrongdoing but also those who are effectively part of those actions and decide to report to the authorities.
Amendment 8 #
Draft opinion Recital Β B. whereas the safeguarding of the confidentiality of the whistle-blowers’ information contributes to the creation of more effective channels for reporting fraud, corruption, wrongdoing, misconduct or other serious infringements, and whereas, given the sensitivity of the information, mismanagement of confidentiality may lead to undesired information leaks and a violation of the public interest of the Union;
Amendment 9 #
Draft opinion Recital Β a (new) Ba. Whereas in the public sector, protecting whistle-blowers can make it easier to detect the misuse of public funds, fraud and other forms of cross-border corruption linked to national or European Union interests.
source: 607.981
2017/07/19
ECON
85 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas whistle-blowers play a very significant role in preventing, detecting and reporting, as well as in identifying and publishing cases of corruption; in particular whistle-blowers played an important role in the LuxLeaks, SwissLeaks and Panama Papers revelations, thus contributing to increased reforms to combat financial and tax fraud, money laundering and corruption, which hamper economic development and the rule of law;
Amendment 10 #
Draft opinion Recital B B. whereas whistle-blowing is not restricted to economic and financial
Amendment 11 #
Draft opinion Recital Β Β. whereas whistle-blowing is very often not restricted to economic and financial matters, and persons who report or disclose information in the public interest
Amendment 12 #
Draft opinion Recital B a (new) Ba. whereas it is regrettable that the existing channels for making formal complaints about misconduct of Multinational Enterprises rarely result in any concrete punishments for wrongdoings;
Amendment 13 #
Draft opinion Recital B a (new) Ba. whereas, because of the lack of protection, one might not be willing to blow the whistle to avoid the risk of reprisal and/or retaliation;
Amendment 14 #
Draft opinion Recital B a (new) Ba. whereas the protection of whistle- blowers should be guaranteed by law and reinforced throughout the EU;
Amendment 15 #
Draft opinion Recital B b (new) Bb. whereas protection of whistle- blowers at Union level has neither been implemented in all Member States, nor harmonised, noting that most EU Member States have ratified the UN Convention against Corruption, making it obligatory to provide appropriate and effective protection to whistle-blowers;
Amendment 16 #
Draft opinion Recital B c (new) Bc. whereas more than one third of organisation with a reporting mechanism do not have a clear written policy on protecting whistle-blowers, according to the OECD;
Amendment 17 #
Draft opinion Recital C C. whereas EU law already contains certain provisions protecting whistle- blowers against reprisals, including with regard to money laundering, but does not yet provide for horizontal legislation applying to all public and private bodies; whereas fragmented provisions might prove to be unclear and inefficient;
Amendment 18 #
C. whereas EU law already contains certain provisions protecting whistle- blowers against reprisals, including with regard to money laundering
Amendment 19 #
Draft opinion Recital C a (new) Ca. whereas inadequate or ineffectively enforced provisions can expose whistle-blowers to reprisals with impunity, whilst failing to offer safeguards to the public interest, as the persistence of reprisals against whistle- blowers dissuades those in possession of information on wrongdoing from further reporting or disclosure and undermines faith in the applicable legal regime;
Amendment 2 #
Draft opinion Recital Α Α. whereas whistle-blowers played a
Amendment 20 #
Draft opinion Recital C a (new) Ca. whereas there are cultural differences across the European Union which must be respected and the establishment of whistle-blowing channels that work within these cultures and different national legal systems should be encouraged;
Amendment 21 #
Draft opinion Recital C a (new) Ca. whereas the European Court of Human Rights has a well-established case law regarding whistle-blowers;
Amendment 22 #
Draft opinion Recital C b (new) Cb. whereas the Charter of Fundamental Rights of the European Union ensures the freedom of expression and the right to good administration;
Amendment 23 #
Cc. whereas an effective protection of whistle-blowers would contribute to the efficiency of the internal market and reinforce the citizens’ trust in the EU;
Amendment 24 #
Draft opinion Recital C d (new) Cd. whereas the European Parliament called for a protection of whistle-blowers in several reports, such as the two reports “Tax rulings and other measures similar in nature or effect” and the report “Bringing transparency, coordination and convergence to corporate tax policies in the Union”;
Amendment 25 #
Draft opinion Paragraph 1 1. Calls on the
Amendment 26 #
Draft opinion Paragraph 1 1. Calls on the Commission to
Amendment 27 #
Draft opinion Paragraph 1 1. Calls on the Commission to
Amendment 28 #
Draft opinion Paragraph 1 1. Calls on the Commission to present horizontal legislation to protect whistle- blowers as soon as possible as well as to come forward with a proposal of a fund to protect whistle blowers;
Amendment 29 #
Draft opinion Paragraph 1 1.
Amendment 3 #
Draft opinion Recital A A. whereas whistle-blowers played a
Amendment 30 #
Draft opinion Paragraph 1 1.
Amendment 31 #
1. Calls on the Commission to present a comprehensive horizontal legislation to protect whistle-
Amendment 32 #
Draft opinion Paragraph 1 1. Calls on the Commission to present horizontal legislation to protect whistle- blowers
Amendment 33 #
Draft opinion Paragraph 1 1. Calls on the Commission to present horizontal legislation to protect whistle- blowers as soon as possible, both in the private and public sector;
Amendment 34 #
Draft opinion Paragraph 1 1. Calls on the Commission to present horizontal legislation to
Amendment 35 #
Draft opinion Paragraph 1 a (new) 1a. Emphasises the unreasonable and worrying fact that citizens and journalists are being subject to prosecution rather than legal protection when disclosing information in the public interest, including suspected misconduct, wrongdoing, fraud or illegal activity, particularly when it comes to conduct violating the fundamental principles of the EU, such as tax avoidance, tax evasion and money laundering;
Amendment 36 #
Draft opinion Paragraph 1 a (new) 1a. Calls on those Member States which have not yet adopted relevant legislation, to do so as soon as possible in order to effectively protect whistle-blowers in their domestic law; furthermore calls them to refrain from criminalising the actions of whistle-blowers in disclosing information about illegal activities or irregularities;
Amendment 37 #
Draft opinion Paragraph 1 a (new) 1a. Considers it necessary to settle a clear legal definition of “whistle-blower”;
Amendment 38 #
Draft opinion Paragraph 1 a (new) Amendment 39 #
Draft opinion Paragraph 1 b (new) 1b. Calls Member States to take into consideration the Article 33 of the UN Convention against corruption, underlining the role of whistle-blowers in the prevention and fight against corruption;
Amendment 4 #
Draft opinion Recital A a (new) Aa. whereas some Member States already have experience with central repositories for reporting actual or possible breaches of financial prudential rules;
Amendment 40 #
Draft opinion Paragraph 2 2. Points out the need to ensure that whistle-blowers are able to report an
Amendment 41 #
Draft opinion Paragraph 2 2. Points out the need to ensure that whistle-blowers are able to report
Amendment 42 #
Draft opinion Paragraph 2 2. Points out the need to ensure that whistle-blowers are able to report
Amendment 43 #
Draft opinion Paragraph 2 2. Points out the need to ensure that whistle-blowers are able to report not only illegal activities but also wrongdoing
Amendment 44 #
Draft opinion Paragraph 2 2. Points out the need to ensure that whistle-blowers are able to report not only illegal activities
Amendment 45 #
Draft opinion Paragraph 2 a (new) 2a. Reaffirms the vital role of whistle- blowers in revealing suspected misconduct, wrongdoing, fraud or illegal activity; stresses that disclosures such as the revelations of LuxLeaks and Panama Papers are clearly in the public interest, visibly disclosing the massive scale of tax evasion, tax avoidance and money laundering;
Amendment 46 #
Draft opinion Paragraph 2 a (new) 2a. Calls the EU to establish an independent EU Body, with offices in Member States which are in position to receive reports of irregularities and at the same time to take all necessary measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats;
Amendment 47 #
Draft opinion Paragraph 2 a (new) 2a. Reiterates that given the often technical nature of the leaked information and barriers that officials face in their attempts to access it, inside whistle- blowers may often be the only option for bringing societally illegal activities to the public;
Amendment 48 #
Draft opinion Paragraph 2 b (new) 2b. Calls for more transparency in the financial services sphere in order to discourage malpractice and allow the appropriate environment for whistle- blowing when necessary;
Amendment 49 #
Draft opinion Paragraph 2 b (new) 2b. Calls for the institutions and other EU bodies to apply, without delay, the guidelines as presented by the European Ombudsman;
Amendment 5 #
Draft opinion Recital A a (new) Aa. whereas since the financial crisis of 2007-2009 we have seen a wave of action against international tax avoidance and evasion; whistle-blowers have played an important role in sustaining this momentum;
Amendment 50 #
Draft opinion Paragraph 2 c (new) 2c. Requests from the Parliament the establishment a special unit with a reporting line as well as sufficient facilities for receiving information from whistle-blowers;
Amendment 51 #
Draft opinion Paragraph 3 3. Argues that whistle-blowers should be free to report both internally, to authorised persons within the workplace, and externally, and should be protected
Amendment 52 #
Draft opinion Paragraph 3 3. Argues that whistle-blowers should
Amendment 53 #
Draft opinion Paragraph 3 3. Argues that whistle-blowers should be free to report both internally, within the workplace, and
Amendment 54 #
Draft opinion Paragraph 3 3. Argues that whistle-blowers should be free to report anonymously both internally, within the workplace, and externally, and should be protected regardless of their choice of reporting channel;
Amendment 55 #
Draft opinion Paragraph 3 3. Argues that whistle-blowers should be free to
Amendment 56 #
Draft opinion Paragraph 3 3. Argues that whistle-blowers should be free to report both internally, within the workplace, and externally,
Amendment 57 #
Draft opinion Paragraph 3 a (new) 3a. Calls on public and private organisations to establish internal whistle-blowing procedures for their employees including rights and obligations and redress measures; these internal procedures should not act as a tool for prohibiting the act of information the wider public of illegal activities that severely harm the public interest;
Amendment 58 #
Draft opinion Paragraph 3 a (new) 3a. Stresses the importance of explicitly empowering competent authorities, regulatory and law enforcement bodies with the responsibility to maintain reporting channels, receive, handle and investigate suspected malpractice, whilst safeguarding the confidentiality of the source, where applicable, and the rights of the affected parties;
Amendment 59 #
Draft opinion Paragraph 3 a (new) 3a. Requests that the forthcoming review of the European Supervisory Authorities (ESAs) adapt their powers and procedures to protect whistle-blowers;
Amendment 6 #
Draft opinion Recital A a (new) Aa. whereas the European Parliament has established two special committees and one committee of inquiry following these revelations;
Amendment 60 #
Draft opinion Paragraph 3 b (new) 3b. Believes that an independent body at EU level should provide citizens with a single reporting channel and, when justified, legal and financial advices and protections, as well as anonymity and confidentiality;
Amendment 61 #
Draft opinion Paragraph 4 Amendment 62 #
Draft opinion Paragraph 4 Amendment 63 #
Draft opinion Paragraph 4 4. Stresses that whistle-blowers should
Amendment 64 #
Draft opinion Paragraph 4 4. Stresses th
Amendment 65 #
Draft opinion Paragraph 4 4. Stresses that whistle-blowers should not bear the burden of proof when it comes to demonstrating that they acted in good faith, as what matters is whether the information disclosed is in the public interest
Amendment 66 #
Draft opinion Paragraph 4 4. Stresses that
Amendment 67 #
Draft opinion Paragraph 4 a (new) 4a. Stresses that communication between whistle-blowers and EU institutions and agencies must be strengthened; considers that complaints from citizens must be treated fairly and with respect and there should be a regular stream of contact from the EU institution or agency dealing with the complaint to the whistle-blower with regular updates on the case;
Amendment 68 #
Draft opinion Paragraph 4 a (new) 4a. Underlines that effective whistle- blower 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 69 #
Draft opinion Paragraph 5 5. Calls on the
Amendment 7 #
Draft opinion Recital A b (new) Ab. whereas the already agreed initiatives to strengthen international information exchange in tax matters have been very helpful and the various tax- related leaks have revealed large amounts of societally important information on private malpractices that would not have surfaced otherwise;
Amendment 70 #
Draft opinion Paragraph 5 5. Calls on the
Amendment 71 #
Draft opinion Paragraph 5 5. Calls on the Commission to ensure that whistle-blowers have access to independent legal advice and financial and psychological support, and can claim compensation for harassment or the loss of their current or future livelihood if said harm is caused in retaliation for a disclosure made
Amendment 72 #
Draft opinion Paragraph 5 5. Calls on the Commission to ensure that whistle-blowers have unhindered access to independent legal advice and financial and psychological support, and can claim compensation for harassment or the loss of their current or future livelihood if said harm is caused in retaliation for a disclosure made under whistle-blower protection.
Amendment 73 #
Draft opinion Paragraph 5 a (new) 5a. Calls on the Commission to put forward an EU-wide legislation to protect whistle-blowers, including a selection of tools for safeguarding protection against unjustified legal prosecution, including measures to tackle economic sanctions, discrimination and job loss; suggests the creation of an independent European body responsible for collecting and analysing information while carrying out investigations, as well as a pan-European whistle-blower common fund in order to ensuring adequate financial assistance to whistle-blowers.
Amendment 74 #
Draft opinion Paragraph 5 a (new) 5a. Urges 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 whistle- blowers, adequate channels, and the possible consequences of their decision.
Amendment 75 #
Draft opinion Paragraph 5 a (new) 5a. Calls on the Commission to confirm the full implementation in both the Commission and EU Agencies of their own guidelines protecting whistle-blowers as per amendments to their staff regulations in 2012, thereby setting an example for all public and private bodies in the EU and beyond.
Amendment 76 #
Draft opinion Paragraph 5 a (new) Amendment 77 #
Draft opinion Paragraph 5 a (new) 5a. Calls for it to be laid down that companies which take fully verified action in retaliation against whistle-blowers may not receive monies from EU funds nor enter into contracts with public bodies.
Amendment 78 #
Draft opinion Paragraph 5 a (new) 5a. Recommends that the EU institutions lead by example by swiftly installing an internal whistle-blowing protection framework;
Amendment 79 #
Draft opinion Paragraph 5 a (new) 5a. Urges the Commission to provide a comprehensive Action Plan on raising awareness on whistle-blowers protection and defence;
Amendment 8 #
Draft opinion Recital A c (new) Ac. whereas the focus of global anti- corruption efforts have thus far been predominantly focused on public sector wrongdoings, yet recent leaks have highlighted the role of financial institutions, advisers and other private companies in facilitating corruption;
Amendment 80 #
Draft opinion Paragraph 5 b (new) 5b. Expresses the need to achieve a better functioning system for reporting corporate malpractices that complement and seek to improve the efficiency of the current National Contact Points for the OECD Guidelines for Multinational Enterprises;
Amendment 81 #
Draft opinion Paragraph 5 b (new) 5b. Calls for the Commission to provide a comprehensive plan to discourage asset transfers to countries outside the EU that serve as protectors of anonymity to corrupt persons;
Amendment 82 #
Draft opinion Paragraph 5 b (new) 5b. Believes that any international agreement (trade, immigration, etc.) concluded with the EU shall include provisions on the protection of whistle- blowers;
Amendment 83 #
Draft opinion Paragraph 5 b (new) 5b. Underlines the importance of awareness-raising amongst employees and other individuals of already existing whistle-blowing legal frameworks;
Amendment 84 #
Draft opinion Paragraph 5 c (new) 5c. Calls on the Commission to effectively cooperate and coordinate with other institutions, including the European Public Prosecutor’s Office for the protection of whistle-blowers and urges the European Anti-Fraud Office (OLAF) to produce an annual report on the evaluation of the protection of whistle- blowers in the European Union;
Amendment 85 #
Draft opinion Paragraph 5 c (new) 5c. Stresses the need for more attention to be put on business ethics in the educational curricula of business studies and related disciplines.
Amendment 9 #
Draft opinion Recital A d (new) Ad. whereas the introduction of public beneficial ownership registries for company trusts and similar legal arrangements and other transparency measures for investment vehicles may act as a counter-deterrent against the wrongdoings that whistle-blowers typically address;
source: 606.186
2017/07/26
JURI
295 amendments...
Amendment 1 #
Motion for a resolution Citation 2 a (new) – having regard to the European Convention on Human Rights, in particular Article 10 thereof,
Amendment 1 #
Draft opinion Recital A A. whereas respect for democracy, the rule of law and fundamental rights are key founding values of the EU, as set out in Article 2 TEU and in the Charter of Fundamental Rights, and whereas freedom of expression is explicitly safeguarded by Article 11
Amendment 10 #
Motion for a resolution Citation 12 Amendment 10 #
Draft opinion Recital A c (new) A c. whereas at present whistle-blowers very often experience negative consequences and retaliation because of their disclosure, they become victim of social exclusion and stigmatisation - together with their families- and frequently lose their job;
Amendment 100 #
Motion for a resolution Paragraph 3 b (new) 3b. Stresses that whistle-blowers must always be guaranteed effective protection, even if the disclosures do not concern unlawful acts, if the information is made available with the aim of ensuring that the public interest is not undermined;
Amendment 101 #
Motion for a resolution Paragraph 3 b (new) 3b. Takes the view that the scope of the legal provisions on whistleblowers should not cover matters relating to national security, medical secrecy or lawyer-client confidentiality;
Amendment 102 #
Motion for a resolution Paragraph 4 4.
Amendment 103 #
Motion for a resolution Paragraph 4 4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistleblowing must be recognised as a mechanism which has a vital role to play in preventing unlawful acts; stresses, further, that whistleblowers have proved to be a crucial resource for investigative journalism and for an independent press;
Amendment 104 #
Motion for a resolution Paragraph 4 4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistleblowers have proved to be a crucial resource for investigative journalism and for an independent press; points out that guaranteeing the confidentiality of sources is fundamental to freedom of the press;
Amendment 105 #
Motion for a resolution Paragraph 4 4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistleblowers contribute to democracy, transparency of politics and economy, public information and have proved to be a crucial resource for investigative journalism and for an independent press;
Amendment 106 #
Motion for a resolution Paragraph 4 4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years
Amendment 107 #
Motion for a resolution Paragraph 4 a (new) 4a. Stresses that whistleblowers are proving to be a crucial resource for investigative journalism and for an independent press; emphasises that for this reason members of these professions are vulnerable in the context of the disclosure of sensitive information and must therefore enjoy the same protection as the whistleblowers they protect in the name of the confidentiality of their sources;
Amendment 108 #
Motion for a resolution Paragraph 5 5. Notes with concern that whistle- blowers continue to be subject to civil and criminal proceedings in a number of Member States, while the existing means to defend, support and protect them are absent or ineffective; notes that, in addition, the disparities between Member States lead to legal insecurity and the risk of unequal treatment; underlines that especially whistle-blowers, who serve in crucial areas for public interests, e.g. military, police, judicial, intelligence, bank staff, are often prosecuted particularly acutely; they should therefore enjoy sufficient and appropriate protection;
Amendment 109 #
Motion for a resolution Paragraph 5 5.
Amendment 11 #
Motion for a resolution Citation 12 a (new) – having regard to Resolution 2171 (2017) of the Parliamentary Assembly of the Council of Europe of 27 June 2017 calling on the national parliaments to recognise the 'right to blow the whistle',
Amendment 11 #
Draft opinion Recital A c (new) A c. whereas an effective protection of whistle-blowers would contribute to the efficiency of the internal market and reinforce the citizens' trust in the EU;
Amendment 110 #
Motion for a resolution Paragraph 5 5.
Amendment 111 #
Motion for a resolution Paragraph 6 Amendment 112 #
Motion for a resolution Paragraph 6 Amendment 113 #
Motion for a resolution Paragraph 6 a (new) 6a. Stresses that offering protection for whistleblowers should be done in a balanced way proportionate to the facts about which the whistleblower is disclosing information; takes the view that, in order to avoid slanderous accusations, this protection should be offered on the basis of convincing, relevant and conclusive evidence and should not give rise to unfair or disproportionate consequences for the institution, organisation or company concerned;
Amendment 114 #
Motion for a resolution Paragraph 6 a (new) 6a. Emphasises that protecting whistleblowers is essential if instances of serious wrongdoing are to be brought to the attention of the authorities and the general public; emphasises, further, that the role of whistleblowers must be recognised and the relevant rules harmonised at European level, in order to deter reprisals against them;
Amendment 115 #
Motion for a resolution Paragraph 7 7.
Amendment 116 #
Motion for a resolution Paragraph 7 7. Encourages the Member States to promote the positive role that whistleblowers play, in particular through awareness-raising campaigns and even providing a reward for cases of tax losses, fiscal damage and damage to the public image;
Amendment 117 #
Motion for a resolution Paragraph 7 a (new) 7a. Notes that wide consultation can be an important step in a public awareness campaign to tackle negative perceptions of whistleblowers; suggests therefore that such perceptions should be tackled by providing strong protection for voluntary, open and confidential disclosures, by legally recognising and protecting a plurality of channels for disclosing information in private and public domain, by focusing also on information that prevents harm and is in the public interest, rather than solely on reports of individual misconduct;
Amendment 118 #
Motion for a resolution Paragraph 7 a (new) 7a. Highlights the importance of research and the exchange of best practices to encourage better protection for whistleblowers at European level;
Amendment 119 #
Motion for a resolution Paragraph 7 b (new) 7b. Recommends the establishment of a special unit with a reporting line as well as dedicated facilities (e.g. relevant hotlines, helplines, websites, contact points) within European Parliament and within each national Parliament of the Member States for receiving relevant information from whistle-blowers, which will also provide them with advice and help in protecting them against any possible retaliatory;
Amendment 12 #
Motion for a resolution Citation 15 a (new) – having regard to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions,
Amendment 12 #
Draft opinion Recital A d (new) A d. whereas the protection of whistle- blowers has been recognised by all major international instruments concerning corruption and whistleblowing standards have been set out by the UN Convention against Corruption (UNCAC), Council of Europe Recommendation CM/Rec(2014)7 and the 2009 OECD Anti-Bribery Recommendation; whereas most EU Member States have ratified the UN Convention against Corruption, which makes it obligatory to provide appropriate and effective protection to whistle- blowers;
Amendment 120 #
Motion for a resolution Paragraph 8 8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of reporting
Amendment 121 #
Motion for a resolution Paragraph 8 8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of
Amendment 122 #
Motion for a resolution Paragraph 8 8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified and safe means of reporting; stresses that the absence of clearly identified and safe means of reporting causes a
Amendment 123 #
Motion for a resolution Paragraph 8 8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of reporting; stresses that the absence of clearly identified means of reporting causes a number of whistleblowers to remain silent; expresses its concern about the retaliation and pressures which whistleblowers may face when they address the guilty person or party in their organisation;
Amendment 124 #
Motion for a resolution Paragraph 8 8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of reporting; stresses that the absence of clearly identified means of reporting causes a
Amendment 125 #
Motion for a resolution Paragraph 9 9.
Amendment 126 #
Motion for a resolution Paragraph 9 9. Stresses that the credibility and validity of a report must be able to be assessed in part on the way in which it was made; believes that it is necessary to establish a coherent system which enables reports to be delivered both inside
Amendment 127 #
Motion for a resolution Paragraph 9 9.
Amendment 128 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to study the possibility of setting up a tiered system enabling whistleblowing inside and outside the organisation; stresses that, to do so, clear, efficient and uniform procedures should be established; believes that employers should be encouraged to introduce internal reporting procedures and that
Amendment 129 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to study a tiered system
Amendment 13 #
Motion for a resolution Citation 15 b (new) – having regard to the report of the Committee on Budgetary Control on the role of whistle-blowers in the protection of EU's financial interests (2016/2055(INI)),
Amendment 13 #
Draft opinion Recital A e (new) A e. whereas the protection of whistle- blowers should be guaranteed by law and reinforced throughout the EU, provided that 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 130 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to study a tiered system enabling whistleblowing inside
Amendment 131 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to study a tiered system enabling whistleblowing inside and outside the organisation; stresses that, to do so, clear procedures should be established; believes that employers should be encouraged to introduce internal reporting procedures
Amendment 132 #
Motion for a resolution Paragraph 10 10.
Amendment 133 #
Motion for a resolution Paragraph 10 a (new) 10a. Believes that employers should be encouraged to introduce internal reporting procedures and that one person should be responsible for collecting reports in each organisation; considers that, where appropriate, employee representatives should be involved in the assignment of that role;
Amendment 134 #
Motion for a resolution Paragraph 11 11. Believes that the whistleblower should give priority to the organisation’s internal reporting mechanisms
Amendment 135 #
Motion for a resolution Paragraph 11 11. Believes that the whistle-blower should give priority to the organisation’s internal reporting mechanisms or to the competent authorities; calls therefore on Member States and EU institutions to draw up a comprehensive legal framework which will enable businesses to establish internal whistle-blower systems, properly defining the concept of a reasonable period for a reply from the undertaking, and ensuring that these systems comply with fundamental rights legislation and the law protecting personal data; stresses, however, that in the absence of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, she or
Amendment 136 #
Motion for a resolution Paragraph 11 11.
Amendment 137 #
Motion for a resolution Paragraph 11 11. Believes that
Amendment 138 #
Motion for a resolution Paragraph 11 11. Believes that
Amendment 139 #
Motion for a resolution Paragraph 11 11. Believes that the whistleblower should give priority to the organisation’s internal reporting mechanisms
Amendment 14 #
Motion for a resolution Recital A A. whereas the EU set itself the objective of upholding democracy and the rule of law and thus guarantees compliance with and the application of the rights and freedoms enshrined in the EU Charter of Fundamental Rights, in particular its citizens' freedom of expression;
Amendment 14 #
Draft opinion Recital A f (new) A f. whereas there is a need to ensure that any kind of retaliation against whistle-blowers will be suitably punished, as according to the OECD more than one third of organisations with reporting mechanism do not have or do not know of, a written policy on protecting those who report from reprisals;
Amendment 140 #
11a. recalls the right of the public to be informed of any wrongdoing that undermines the public interest, underlines in that respect that it should always be possible for a whistleblower to publicly disclose information on an unlawful or wrongful act or an act which undermines public interest;
Amendment 141 #
Motion for a resolution Paragraph 11 a (new) 11a. Takes the view that an employer should not be able to rely on a person's legal or contractual obligations in order to prevent that person from making a public interest report or disclosure or to penalise her or him for having done so;
Amendment 142 #
Motion for a resolution Paragraph 12 12. Believes that reporting outside the organisation without first going through an internal step is not grounds to invalidate a report, file a lawsuit or refuse to give
Amendment 143 #
Motion for a resolution Paragraph 12 12. Believes that reporting outside the organisation without first going through an internal step is not grounds to invalidate a report, file a lawsuit or refuse to give protection, provided that the whistleblower can provide proof of the risk that he or she is running and acted in good faith and disinterestedly;
Amendment 144 #
Motion for a resolution Paragraph 12 12.
Amendment 145 #
Motion for a resolution Paragraph 12 12. Believes that
Amendment 146 #
Motion for a resolution Paragraph 13 13. Expresses its concerns about the risks, such discrimination, hostility or exclusion, run by whistle-blowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities with a dampening effect on those who may come across wrongdoing; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistle- blower, the measures taken against h
Amendment 147 #
Motion for a resolution Paragraph 13 13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her should be brought to an end; calls on the Commission to present a proposal for a horizontal whistle-blower directive involving protection against any form of retaliation at work
Amendment 148 #
Motion for a resolution Paragraph 13 13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her should be brought to an end, and the whistleblower should receive full compensation for the damage incurred, such as lost earnings and status and pain and suffering;
Amendment 149 #
13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her should be brought to an end and whistleblower should receive full compensation for the prejudice and damage incurred;
Amendment 15 #
Motion for a resolution Recital A A. whereas the EU set itself the objective of upholding democracy and the rule of law and thus guarantees its citizens freedom of expression, whereas whistleblowing is a fundamental aspect of the freedom of expression;
Amendment 15 #
Draft opinion Recital A g (new) A g. whereas in many jurisdictions, and particularly in the private sector, employees are subject to duties of confidentiality with respect to certain information, with the possible consequence that whistle-blowers might encounter disciplinary actions for reporting outside their organisation;
Amendment 150 #
Motion for a resolution Paragraph 13 13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a
Amendment 151 #
Motion for a resolution Paragraph 13 13. Expresses its concerns about the possible risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against
Amendment 152 #
Motion for a resolution Paragraph 13 13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her should
Amendment 153 #
Motion for a resolution Paragraph 13 13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or
Amendment 154 #
Motion for a resolution Paragraph 13 a (new) 13a. Recommends that in legal proceedings relating to a detriment suffered by a whistle-blower, and subject to her or him providing reasonable grounds to believe that the detriment was in retaliation for having made a report or disclosure of unlawful wrongdoings or irregularities, it should be for the employer to establish that the detriment was not so motivated;
Amendment 155 #
Motion for a resolution Paragraph 13 a (new) 13a. Considers that whistleblowers should have the option to file for interim relief to prevent retaliation such as dismissal, until there is an official outcome of any administrative, judicial or other proceedings
Amendment 156 #
Motion for a resolution Paragraph 13 a (new) 13a. 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 157 #
Motion for a resolution Paragraph 13 a (new) 13a. Takes the view that protection should also be provided if a whistleblower draws attention to conduct involving a Member State;
Amendment 158 #
13b. Notes that investigative journalists and members of the independent press pursue a solitary profession in the course of which they face many kinds of pressure; emphasises, therefore, that it is essential that they should be protected against all attempts at intimidation;
Amendment 159 #
Motion for a resolution Paragraph 13 b (new) 13b. Suggests that interim relief pending the outcome of civil proceedings should be available for persons who have been the victim of retaliation for having made a public interest report or disclosure, particularly in cases of loss of employment;
Amendment 16 #
Motion for a resolution Recital A a (new) Aa. whereas the European Union is helping to consolidate international cooperation in the fight against corruption, in full compliance with the principles of international law, human rights and the rule of law, as well as the sovereignty of each country;
Amendment 16 #
Draft opinion Recital A h (new) A h. whereas the protection of whistle- blowers in the EU has become even more urgent, as the Trade Secrets Directive limits the rights of whistle-blowers and may thus have a discouraging effect on those who want to report irregularities, especially in the context of Union funding from which individual companies have benefitted;
Amendment 160 #
Motion for a resolution Paragraph 14 14. Expresses its concern about the practice of gagging orders, which involve filing or threatening to file lawsuits against the whistleblower not in an effort to have
Amendment 161 #
Motion for a resolution Paragraph 14 14. Expresses its concern about the practice of gagging orders, which involve filing or threatening to file lawsuits against the whistleblower not in an effort to have him or her convicted, but in an effort to bring about self-censorship or financial, mental or psychological exhaustion; takes the view, therefore, that the imposition of gagging orders should be punishable;
Amendment 162 #
Motion for a resolution Paragraph 14 14.
Amendment 163 #
Motion for a resolution Paragraph 14 a (new) 14a. Stresses, however, that a clear distinction must be drawn between the professional confidentiality obligations which employees and public servants have and the need to disclose or bear witness in good faith to instances of wrongdoing likely to undermine the public interest. Any person who makes a report which they know to be false or which is malicious must be liable to disciplinary measures or even prosecution;
Amendment 164 #
Motion for a resolution Paragraph 15 15. Points out the risk that genuine whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials;
Amendment 165 #
Motion for a resolution Paragraph 15 15. Points out, however, the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; stresses, in that connection, that the right of employees to report unlawful conduct or acts which have come to their attention at their workplace must be safeguarded and that, if it can be inferred on the basis of the evidence presented that they reported or bore witness in good faith to acts constituting an offence, any unfair dismissal must be deemed null and void and even cause for legal action; considers it necessary to provide for a reversal of the burden of proof in respect of retaliation against and pressure on whistleblowers; takes the view that confidentiality should be guaranteed throughout the proceedings;
Amendment 166 #
Motion for a resolution Paragraph 15 15. Points out the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; considers it necessary to provide for a reversal of the burden of proof in respect of retaliation against and pressure on whistleblowers; considers that the basis for whistleblower protection should be the information exposed, whether or not that information is in the public interest, whereas the intention of the whistleblower should be considered to be irrelevant, in order to remove incentives for attempts of character assassination by the parties bringing legal actions against whistleblowers, which could have a negative effect on whistleblowers even if a court decides in their favour; takes the view that confidentiality should be guaranteed throughout the proceedings
Amendment 167 #
Motion for a resolution Paragraph 15 15. Points out the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; considers it necessary to provide
Amendment 168 #
Motion for a resolution Paragraph 15 15. Points out the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; considers it necessary to provide for a reversal of the burden of proof in respect of retaliation against and pressure on whistleblowers; takes the view that confidentiality should be guaranteed throughout the proceedings and that the identity of the whistleblower may not be disclosed without the individual’s explicit consent, unless it is absolutely necessary in order to carry out criminal proceedings;
Amendment 169 #
15. Points out the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials;
Amendment 17 #
Motion for a resolution Recital A a (new) Aa. whereas under Article 67(2) TFEU the European Union is competent to deal with matters relating to the European common asylum policy;
Amendment 17 #
Draft opinion Recital A i (new) A i. whereas the office of the European Ombudsman has a clear competence in relation to the investigation of complaints of EU citizens about maladministration in the EU institutions, but in itself plays no role in the protection of whistle-blowers;
Amendment 170 #
Motion for a resolution Paragraph 15 a (new) 15a. Emphasises the importance that whistle-blowers, as well as people who assist them in disclosing information on a threat or harm to the public interest, e.g. relatives, colleagues, defence witnesses, are afforded proper and effective protection of their physical, moral and social integrity and their livelihoods, by being granted the highest possible level of confidentiality; suggests therefore that proper measures are required to protect whistle-blowers and any other individuals affected by a disclosure of such information;
Amendment 171 #
Motion for a resolution Paragraph 15 a (new) 15a. Takes the view that whistleblowers should not be liable for prosecution, civil legal action or administrative or disciplinary penalties because they have made a report;
Amendment 172 #
Motion for a resolution Paragraph 16 Amendment 173 #
Motion for a resolution Paragraph 16 16.
Amendment 174 #
Motion for a resolution Paragraph 16 16. Believes that the option to report anonymously would encourage whistleblowers to share information which they would not share otherwise; stresses, in that regard, that clearly regulated means of reporting anonymously should be introduced and that the identity of the whistleblower, and any information enabling him or her to be identified, should not be released without his or her consent; takes the view, in that connection, that any action which undermines whistleblowers' right to anonymity should be punished;
Amendment 175 #
Motion for a resolution Paragraph 16 16. Believes that the option to report infringements anonymously would encourage whistle-blowers to share information in confidential way, which they would not share otherwise; stresses, in that regard, that clearly regulated means of reporting infringements anonymously should be introduced; underlines that these means should fully and properly safeguard the anonymity of whistle- blowers, also in the digital environment;
Amendment 176 #
Motion for a resolution Paragraph 16 16. Believes that the option to report anonymously would encourage whistleblowers to share information which they would not share otherwise; stresses, in that regard, that clearly regulated and restrictive means of reporting anonymously should be introduced, setting out exactly in which cases means of reporting anonymously apply;
Amendment 177 #
16. Believes that the option to report confidentially or anonymously would encourage whistleblowers to share information which they would not share otherwise; stresses, in that regard, that clearly regulated means of reporting anonymously or confidentially should be introduced, at least at the first stage of the reporting procedure;
Amendment 178 #
Motion for a resolution Paragraph 17 17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts or that the perceived threat to the public interest did not materialise, provided that, at the time of reporting, he or she had reasonable grounds to believe them to be true; recalls that in the event of false accusations, those responsible should be held accountable;
Amendment 179 #
Motion for a resolution Paragraph 17 17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts
Amendment 18 #
Motion for a resolution Recital A a (new) Aa. Whereas Article 352 TFEU confers to the Union the possibility to act beyond its explicit powers, within the framework of the policies defined in the Treaties, if its action proves necessary to attain one of the objectives set out in Treaties themselves;
Amendment 18 #
Draft opinion Paragraph -1 (new) -1. whereas all the EU institutions have been obliged since 1 January 2014 to introduce internal rules protecting whistle-blowers who are officials of the EU institutions, in accordance with Articles 22a, 22b and 22c of the Staff Regulations;
Amendment 180 #
Motion for a resolution Paragraph 17 17. Stresses that ano
Amendment 181 #
Motion for a resolution Paragraph 17 17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts or that the perceived threat to the public
Amendment 182 #
Motion for a resolution Paragraph 17 17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts or that the perceived threat to the public interest did not materialise, provided that, at the time of reporting, he or she acted in good faith and had reasonable grounds to believe them to be true;
Amendment 183 #
Motion for a resolution Paragraph 17 17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts or that the perceived threat to the public interest did not materialise, provided that, at the time of reporting, he or she had
Amendment 184 #
Motion for a resolution Paragraph 17 a (new) 17a. Emphasizes that somebody who reports information, which he or she knows to be inaccurate or misleading should not benefit from the protection granted to whistleblowers; stresses that any person who is prejudiced, whether directly or indirectly, by the reporting or disclosure of inaccurate or misleading information should be afforded legal protection and the right to seek effective remedies against malicious or abusive reporting;
Amendment 185 #
Motion for a resolution Paragraph 17 a (new) 17a. In the light of the principle of actori incumbit probatio, which is common to all national legal systems and international dispute-settlement procedures, urges that the burden of proof should not be reversed, given that it should be necessary only if there are clear indications or a set of evidence to suggest that the person in question qualifies for whistleblower status;
Amendment 186 #
Motion for a resolution Paragraph 17 a (new) 17a. Recalls the importance of devising instruments to ban any form of retaliation, whether this is passive dismissal or passive measures; urges the Member States to refrain from criminalizing the actions of whistle- blowers in disclosing information on unlawful or wrongful acts or acts which undermine or endanger the public interest;
Amendment 187 #
Motion for a resolution Paragraph 18 18. Stresses the role that public authorities, non-governmental organisations and trade unions play in supporting and helping whistleblowers in their dealings within their organisation;
Amendment 188 #
18. Stresses the role that trade unions and civil society organisations play in supporting and helping whistleblowers in their dealings within their organisation;
Amendment 189 #
Motion for a resolution Paragraph 18 18. Stresses the role that trade unions, civil and social organisations play in supporting and helping whistleblowers in their dealings within their organisation;
Amendment 19 #
Motion for a resolution Recital B a (new) Ba. whereas reporting by whistle- blowers of information that could threaten or harm the public interest is done on the basis of their freedom of expression and information, both enshrined in the EU Chapter of Fundamental Rights, and with a strong sense of responsibility and civic morality;
Amendment 19 #
Draft opinion Paragraph -1 a (new) -1 a. whereas protection of whistle- blowers at Member States level has neither been implemented in all Member States, nor harmonised, it may be risky for whistle-blowers to provide institutions such as the European Parliament with information on irregularities, as they are afraid of what might happen to them owing to the lack of protection;
Amendment 190 #
Motion for a resolution Paragraph 18 18. Stresses the role that trade unions and civil society play in supporting and helping whistleblowers in their dealings within their organisation;
Amendment 191 #
Motion for a resolution Paragraph 18 18. Stresses the role that trade unions can play in supporting and helping whistleblowers in their dealings within their organisation;
Amendment 192 #
Motion for a resolution Paragraph 19 19. Stresses that, in addition to the professional risks, whistle-blowers, as well as people who assist them in disclosing such information, also face personal, psychological, social and financial risks; believes that psychological support should be provided, that
Amendment 193 #
19. Stresses that, in addition to the professional risks, whistleblowers may also face psychological and financial risks; believes that
Amendment 194 #
Motion for a resolution Paragraph 19 19. Stresses that, in addition to the professional risks, whistleblowers also face psychological and financial risks; believes that psychological support should be provided, that legal aid should be given to whistleblowers who ask for it, that financial aid should be given to those who express a duly justified need for it and that compensation for proven professional damages as well as for non-material damages should be given as a protective measure if civil proceedings are brought against a whistleblower in accordance with national law and practices;
Amendment 195 #
Motion for a resolution Paragraph 19 19. Stresses that, in addition to the professional risks, whistleblowers also face psychological and financial risks; believes that psychological support should be provided, that legal aid should be given to whistleblowers who ask for it, that financial aid should be given to those who express a duly justified need for it and that compensation
Amendment 196 #
Motion for a resolution Paragraph 19 19. Stresses that, in addition to the professional risks, whistleblowers also face psychological and financial risks; believes that psychological support should be provided, that the provisions on legal aid should be
Amendment 197 #
Motion for a resolution Paragraph 19 a (new) 19a. Calls on Member States and EU institutions, in cooperation with all relevant authorities, to introduce and take all possible necessary measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats, as well as to establish transparent channels for information disclosure, to set up independent national and EU authorities to protect whistle-blowers, and to consider providing those authorities with specific support funds; calls also for the establishment of a centralised European authority for the effective protection of whistle-blowers and people who assist their acts based on the model of national privacy watchdogs;
Amendment 198 #
Motion for a resolution Paragraph 19 a (new) Amendment 199 #
Motion for a resolution Paragraph 19 a (new) 19a. Calls on the Member States, with a view to making these measures effective, to consider the advisability of setting up national compensation funds;
Amendment 2 #
Motion for a resolution Citation 3 — having regard to 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, in particular recitals 19 and 20 thereof,
Amendment 2 #
Draft opinion Recital A a (new) A a. whereas whistle-blowers provide a fundamental service to the whole community, play a very important and valuable role for the safeguard of the general interest and are key in the fight against corruption and other infringements, as repeatedly recognised by the European Parliament, together with international organisations like the Council of Europe and the United Nations; bearing in mind that all these subjects expressed the necessity to protect whistle-blowers;
Amendment 20 #
Motion for a resolution Recital C C. whereas whistle-blowers play an important role in reporting unlawful or improper conduct which undermines or endangers the public interest; whereas by doing so they help significant Member States and EU institutions and bodies to prevent and tackle, among others, any breaches of the principle integrity and misuse of power that threaten or violate public health and safety, financial integrity, the economy, human rights, the environment or the rule of law, the raise of unemployment, restrict or distort fair competition and undermine the trust of citizens in democratic institutions and processes at EU law and national levels;
Amendment 20 #
Draft opinion Paragraph -1 b (new) -1 b. whereas it is vital for a horizontal legal framework to be established as a matter of urgency, which by laying down rights and obligations, protects whistle- blowers throughout the EU, as well as in the EU institutions
Amendment 200 #
Motion for a resolution Paragraph 20 20. Calls more concretely on the Member States to
Amendment 201 #
Motion for a resolution Paragraph 20 20. Calls on the Member States to introduce an independent body responsible for collecting reports, verifying their credibility
Amendment 202 #
Motion for a resolution Paragraph 20 20. Calls on the Member States to
Amendment 203 #
Motion for a resolution Paragraph 20 20. Calls on the Member States to introduce an independent body, with sufficient budgetary resources and adequate personnel, responsible for collecting reports, verifying their credibility and guiding whistleblowers, particularly in the absence of a positive response from their organi
Amendment 204 #
20. Calls on the Member States to introduce an independent body responsible for collecting reports, verifying their credibility and guiding whistleblowers, particularly in the absence of a positive response from their organisation; believes that those independent bodies should be provided with specific support funds;
Amendment 205 #
Motion for a resolution Paragraph 20 20. Calls on the Member States to designate, if a suitable national body already exists, or introduce an independent body responsible for collecting reports, verifying their credibility and guiding whistleblowers, particularly in the absence of a positive response from their organisation;
Amendment 206 #
Motion for a resolution Paragraph 20 a (new) 20a. Calls on the Commission to introduce the principle of granting an EU passport to any third-country national who, whether in the course of their duties or not, has disclosed information about illegal conduct or acts of espionage, committed either by a third country or a domestic or multinational company which are prejudicial to a State, a nation or Union citizens and jeopardise, without their knowledge, the integrity of a government, national security or collective or individual freedoms;
Amendment 207 #
Motion for a resolution Paragraph 20 a (new) 20a. Stresses that consideration should be given to making access to information and confidential advice free of charge for individuals contemplating making a public interest report or disclosure on unlawful or wrongful acts which undermine or endanger the public interest; notes that structures able to provide such information and advice should be identified and their details made available to the general public;
Amendment 208 #
Motion for a resolution Paragraph 20 b (new) 20b. Emphasises that, in addition to all the protection measures afforded to whistleblowers in general, these whistleblowers in particular must be guaranteed proper reception arrangements, accommodation and safety in a Member State which does not have an extradition agreement with the country which committed the acts in question. In cases where the European Union has an extradition agreement with the third country involved, calls on the Commission, pursuant to Article 67(2) TFEU on European asylum policy, to use its powers to take all the measures required to protect these whistleblowers, who are particular vulnerable to severe reprisals in the country whose illegal or fraudulent practices they brought to public attention;
Amendment 209 #
Motion for a resolution Paragraph 21 21. Calls on the Commission to propose the establishment of a similar body at EU level, with sufficient budgetary resources and adequate personnel, responsible for coordinating Member State activities, particularly in cross-border cases; believes that that European body should also be able to collect reports, verify their credibility and guide whistleblowers when the response given by the Member State is obviously not appropriate; suggests that the latter publish an annual report on the alerts received and their treatment; considers that the European Ombudsman’s mandate could be extended to serve that purpose;
Amendment 21 #
Motion for a resolution Recital C C. whereas whistleblowers play an important role in reporting unlawful or improper conduct which undermines the public interest; whereas whistleblowers are persons who draw the attention of their employers, public and private administrative authorities, judicial authorities and third parties to such unlawful or improper conduct which they have discovered in the performance of their duties and which they have an obligation to disclose on the grounds that the conduct in question is prejudicial to the public interest;
Amendment 21 #
Draft opinion Paragraph -1 c (new) -1 c. Regrets that the Commission has so far failed to submit any legislative proposals aimed at establishing a minimum level of protection for whistle- blowers; urges therefore the Commission to immediately submit a legislative proposal establishing an effective and comprehensive whistle-blower protection programme which includes such mechanisms for companies, public bodies and non-profit organisations, with a view affording effective and equivalent protection in the Member States and in all the Union's institutions, bodies, offices and agencies;
Amendment 210 #
Motion for a resolution Paragraph 21 21. Calls on the Commission to
Amendment 211 #
Motion for a resolution Paragraph 21 21. Calls on the Commission to propose the establishment of a similar body at EU level responsible for coordinating Member State activities, particularly in cross-border cases; believes that that European body should also be able to collect reports, verify their credibility, issue binding recommendations and guide whistleblowers when the response given by the Member State is obviously not
Amendment 212 #
Motion for a resolution Paragraph 21 21. Calls on the Commission to
Amendment 213 #
Motion for a resolution Paragraph 21 a (new) 21a. Takes the view that this independent body should be given the budget it needs to carry out all its tasks; calls on the Commission, in that connection, to set up a European fund for whistleblowers in order to cover the cost of protecting them, in particular when they disclose information which has cross-border implications or which concerns the EU's institutions and bodies;
Amendment 214 #
Motion for a resolution Paragraph 21 a (new) 21a. Calls on the Commission to carry out a public consultation to seek the view of stakeholders on the reporting mechanisms and on the potential shortcomings of the procedures at national level; maintains that the results of the public consultation will present a valuable input for the Commission regarding a possible proposal on the effective protection of whistle-blowers in the future;
Amendment 215 #
Motion for a resolution Paragraph 21 a (new) 21a. consider that, when the result of reporting by a whistleblower ends in a sentence of fiscal damage or damage to the public image, whistleblowers should be awarded with an amount of money proportionate to the recovered sum;
Amendment 216 #
Motion for a resolution Paragraph 21 a (new) 21a. Considers that whistleblowers should have a meaningful opportunity to provide input to subsequent investigations or inquiries based on their disclosures;
Amendment 217 #
Motion for a resolution Paragraph 21 a (new) 21a. Believes that as once an alert has been recognized serious, it should lead to proper investigation and followed by appropriate measures;
Amendment 218 #
Motion for a resolution Paragraph 21 b (new) 21b. Considers that whistleblowers should be allowed to clarify their complaint and provide additional information or evidence during an investigation;
Amendment 219 #
Motion for a resolution Paragraph 21 b (new) 21b. Encourages the Member States to develop data, benchmarks and indicators on whistle-blower policies in public and private sector;
Amendment 22 #
Motion for a resolution Recital C C. whereas a whistleblower
Amendment 22 #
Draft opinion Paragraph -1 d (new) -1 d. Notes that only a few Member States have introduced sufficiently advanced whistle-blower protection systems; calls on those Member States which have not yet adopted the principles to protect whistle-blowers in national law, to do so as soon as possible;
Amendment 220 #
Motion for a resolution Paragraph 21 c (new) 21c. Calls on all EU institutions to address the Ombudsman's own initiative report of 24 July in 2014, in compliance with Article 22(c) of the new Staff Regulation, inviting all EU bodies to adopt ethical alert mechanisms and whistle-blowing legal frameworks directly bases on the internal rules of the Ombudsman's office; reiterates its determination to do so;
Amendment 221 #
Motion for a resolution Paragraph 21 c (new) 21c. Considers that whistleblowers should also have the right to review and comment on the outcome of the investigation related to their disclosure;
Amendment 23 #
Motion for a resolution Recital C C. whereas whistleblowers play an important role in reporting unlawful or improper conduct which undermines the public interest and the functioning of our societies;
Amendment 23 #
Draft opinion Paragraph -1 d (new) -1 d. Underlines that both the whistle- blowers and the private or public body or institution involved should ensure the legal protection of rights guaranteed by the EU Charter of Fundamental Rights and by national legal provisions;
Amendment 24 #
Motion for a resolution Recital C C. whereas whistleblowers play an important role in reporting unlawful or improper conduct
Amendment 24 #
Draft opinion Paragraph 1 1. Takes the view that, given the central role of whistle-blowers in tackling corruption, it is important that people who disclose information (whether confidential or otherwise) concerning alleged irregularities are afforded proper protection, both of their physical and moral integrity and their livelihoods, by being granted the highest possible level of confidentiality; calls therefore on the Commission to ensure that all whistle- blowers, as well as people who assist them, e.g. defence witnesses, pursue a valid claim in court, have access to independent legal advice of their own choice, social, financial and psychological support, as well as relief measures, as appropriate;
Amendment 25 #
Motion for a resolution Recital C a (new) Ca. whereas, however, the concept of the public interest recognised under EU law must not take precedence over respect for privacy or give rise to breaches of the right to protection of personal data, unless the law makes provision for such a step and provided that the essential nature of these rights is upheld and any action taken is consistent with the proportionality principle;
Amendment 25 #
Draft opinion Paragraph 1 1. Takes the view that, given the central role of whistle-blowers in tackling corruption and exposing wrongdoing, it is imp
Amendment 26 #
Motion for a resolution Recital D D. whereas a number of publicised whistleblowing cases have shown that whistleblowing brings serious wrongdoing in the private and public sectors to the attention of the public and of political authorities; whereas s
Amendment 26 #
Draft opinion Paragraph 1 1. Takes the view that, given the central role of whistle-blowers in tackling corruption, it is important that people who disclose information (whether confidential or otherwise) concerning alleged irregularities are afforded proper protection, both of their physical and moral integrity and their livelihoods, by being granted the highest possible level of confidentiality; underlines that these people need access to juridical assistance in order to protect their rights as individuals, and may need psychological protection;
Amendment 27 #
Motion for a resolution Recital D D. whereas
Amendment 27 #
Draft opinion Paragraph 1 1. Takes the view that, given the central role of whistle-blowers in tackling corruption, it is important that people who disclose information (whether confidential or otherwise) concerning alleged irregularities are afforded proper protection, both of their physical and moral integrity and their livelihoods, by being granted the highest possible level of confidentiality
Amendment 28 #
Motion for a resolution Recital D D. whereas a number of publicised whistleblowing cases have shown that whistleblowing brings
Amendment 28 #
Draft opinion Paragraph 1 1. Takes the view that, given the central role of whistle-blowers
Amendment 29 #
Motion for a resolution Recital D a (new) Da. whereas the safeguarding of confidentiality contributes to the creation of more effective channels for reporting fraud, corruption or other infringements, and whereas given the sensitivity of the information mismanagement of confidentiality may lead to undesired information leaks and a violation of the public interest of the Union and the Member States;
Amendment 29 #
Draft opinion Paragraph 1 1. Takes the view that, given the central role of whistle-blowers in tackling corruption, it is important that people who disclose information (whether confidential or otherwise) concerning alleged irregularities or crimes are afforded proper protection,
Amendment 3 #
Motion for a resolution Citation 3 a (new) – having regard to Directive (EU) 2013/30 of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC,
Amendment 3 #
Draft opinion Recital A a (new) A a. whereas whistle-blowers played and are still playing an important role in cases such Lux Leaks, Swiss Leaks, Wiki Leaks and Panama Papers revelations, thus contributing to increased reforms to combat financial tax fraud, money laundering, intransparency and corruption, which infringe fundamental rights and hamper social, economic development and the rule of law;
Amendment 30 #
Motion for a resolution Recital E E. whereas whistleblowing has proved useful in a number of areas, such as public health, taxation, the environment, consumer protection, combating corruption, conflicts of interest and offences involving forgery or abuse of position, combating preferential and discriminatory treatment and upholding social rights;
Amendment 30 #
Draft opinion Paragraph 1 a (new) 1 a. Calls on the Commission to come up with a definition of whistle blowers that specify clearly ensure the whistle blowing it is done only for the public interest not for personal gain of the whistle blower.
Amendment 31 #
Motion for a resolution Recital E E. whereas whistleblowing, based on the principles of transparency and integrity, has proved useful in a number of areas, such as public health, taxation, the environment, consumer protection, combating corruption and upholding social rights in the public and private sector;
Amendment 31 #
Draft opinion Paragraph 1 a (new) 1 a. Is convinced that the highest possible level of confidentiality should be granted to whistle-blowers and believes that anonymous disclosures should be admissible if supported by adequate evidences;
Amendment 32 #
Motion for a resolution Recital E E. whereas whistleblowing has proved
Amendment 32 #
Draft opinion Paragraph 1 a (new) 1 a. Is convinced that the EU should take action by means of a horizontal legislation, in accordance with its objectives regarding democracy, pluralism of opinions and freedom of expression;
Amendment 33 #
Motion for a resolution Recital E E. whereas whistleblowing has proved useful in a number of areas, such as public health, taxation,
Amendment 33 #
Draft opinion Paragraph 1 b (new) 1 b. considers that, when the reporting made by a whistle-blower results in a judgement acknowledging a fiscal damage or a damage to the image of the public institutions, he should be awarded with an amount of money to be calculated in proportion to the recovered sum;
Amendment 34 #
Motion for a resolution Recital E E. whereas whistleblowing has proved useful in a number of areas, such as public health, taxation, the environment, consumer protection
Amendment 34 #
Draft opinion Paragraph 2 2. Calls on the Commission to look at the best practices employed in protecting whistle-blowers around the world and, on that basis, to take a holistic approach to the task of introducing a common regulatory framework which guarantees a high level of protection across the board in both the public and private sectors; reiterates its call for proposals to be submitted by the end of 2017; this protection should not be extended to those, who disclose information for reasons of personal gain or malice or “false flag” operations or espionage or hybrid warfare or subversion or all forms of criminality; above all, sanctions should be imposed on those who disseminate falsehoods;
Amendment 35 #
Motion for a resolution Recital E a (new) Ea. whereas such cases must be clearly defined, in the light of the duties performed by whistleblowers, the seriousness of the facts reported or the nature of the dangers revealed;
Amendment 35 #
Draft opinion Paragraph 2 2. Calls on the Commission to look at the best practices employed in protecting whistle-blowers around the world and, on that basis, to take a holistic approach to the task of introducing a common regulatory framework in the EU which guarantees a high level of protection across the board in both the public and private sectors;
Amendment 36 #
Motion for a resolution Recital E b (new) Eb. whereas it is essential that the line between whistleblowing and informing should not be crossed; whereas it is not a matter of knowing everything about everyone, but rather of identifying instances of a failure to address threats to democracy;
Amendment 36 #
Draft opinion Paragraph 2 2. Calls on the Commission to look at the best practices employed in protecting whistle-blowers around the world, especially in the EU Member States and, on that basis, to
Amendment 37 #
Motion for a resolution Recital F F. whereas, in a number of cases, whistleblowers are subject to retaliatory action, intimidation and pressure with the intention of preventing or deterring them
Amendment 37 #
Draft opinion Paragraph 2 2. Calls on the Commission to look at the best practices employed in protecting whistle-blowers around the world and, on that basis, to take a holistic approach to the task of introducing, as soon as possible, a common regulatory framework which guarantees a high level of protection across the board in both the public and private sectors; reiterates its call for proposals to be submitted by the end of 2017;
Amendment 38 #
Motion for a resolution Recital F a (new) Fa. whereas whistleblower protection mechanisms need to be balanced and adequate safeguards should be put in place in order to prevent malicious or abusive reporting, to ensure that no undue harm is caused to the other parties’ interests and to guarantee that the legal rights of the persons against whom the reports are made are fully respected and their identity is protected throughout the investigation and judicial procedures;
Amendment 38 #
Draft opinion Paragraph 2 2. Calls on the Commission to
Amendment 39 #
Motion for a resolution Recital F a (new) Fa. whereas the protection of whistle- blowers should be guaranteed by law and reinforced throughout the EU, provided that the purpose of their action is to protect the public interest by acting in good faith and on reasonable grounds in accordance with the CFREU and the jurisprudence of the European Court of Human Rights;
Amendment 39 #
Draft opinion Paragraph 2 2. Calls on the Commission to look at the best practices employed in protecting whistle-blowers
Amendment 4 #
Motion for a resolution Citation 3 b (new) – having regard to Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC,
Amendment 4 #
Draft opinion Recital A a (new) A a. Whereas the current and sectorial protection offered to whistle-blowers is largely inadequate and is too disjointed to offer a coherent framework in the EU;
Amendment 40 #
Motion for a resolution Recital F a (new) Fa. whereas investigative journalism and the independent press remain vulnerable in the context of the disclosure of sensitive information, and whereas members of these professions must enjoy the same protection as the whistleblowers they protect in the name of the confidentiality of their sources;
Amendment 40 #
Draft opinion Paragraph 2 a (new) 2 a. Recalls that several legal bases enables the EU to take action on the matter; calls on the Commission to consider all those options and to present a horizontal legislative proposal with the aim of proposing a coherent and effective protection to whistle-blowers;
Amendment 41 #
Motion for a resolution Recital F b (new) Fb. whereas it is essential to ensure that any kind of retaliation against whistle-blowers will be suitably punished;
Amendment 41 #
Draft opinion Paragraph 2 a (new) 2 a. Calls on the Commission to guarantee whistle-blowers the right to directly report externally in cases of serious wrongdoings, or in cases in which internal channels are either ineffective or counter-productive;
Amendment 42 #
Motion for a resolution Recital F c (new) Fc. whereas the protection of whistle- blowers in the EU has become even more urgent and essential, as for instance the Trade Secrets Directive limits their rights and may thus have a discouraging effect on those who want to report irregularities in crucial areas, which may affect negatively public interests;
Amendment 42 #
Draft opinion Paragraph 2 b (new) 2 b. Suggests article 114TFEU, on approximation of national legislations for the purposes of the internal market, as the appropriate legal basis for the introduction of a comprehensive and horizontal Directive for the harmonized minimum requirements for the protection of whistle-blowers;
Amendment 43 #
Motion for a resolution Recital G G. whereas the protection of whistleblowers is not guaranteed in
Amendment 43 #
Draft opinion Paragraph 2 b (new) 2 b. Calls on the Commission and Member States to safeguard the anonymity of those whistle-blowers who do not want their identities to be known;
Amendment 44 #
Motion for a resolution Recital G G. whereas the protection of whistleblowers is not guaranteed in a number of Member States, while many others have introduced advanced programmes t
Amendment 44 #
Draft opinion Paragraph 2 c (new) 2 c. Stresses that the common regulatory framework should include a broad and clear legal definition of “whistle-blower” as well as a selection of tools for safeguarding protection against unjustified legal prosecution and retaliation, but also incentives to encourage the whistle-blower's contribution to exposing wrongdoings;
Amendment 45 #
Motion for a resolution Recital G G. whereas the protection of whistleblowers is not guaranteed in a number of Member States, while many others have introduced advanced programmes to protect them; whereas the result of that is fragmented protection of whistleblowers in Europe, which makes it difficult for them to find out their rights and how to whistleblow, and creates legal insecurity, especially in cross-border scenarios;
Amendment 45 #
Draft opinion Paragraph 2 c (new) 2 c. Calls on the Commission to take into account the model of whistle-blower protection whereby public authorities are not allowed to try to discover the identities of whistle-blowers.
Amendment 46 #
Motion for a resolution Recital G G. whereas
Amendment 46 #
Draft opinion Paragraph 2 d (new) 2 d. Calls on the Commission and Member States to safeguard whistle- blowers from retaliation by their employer or other parties and to reverse the burden of proof so that it is the employer who must establish any changes or reprisals are unrelated to the protected disclosure;
Amendment 47 #
Motion for a resolution Recital G a (new) Ga. whereas in some Member States there is a generalised lack of resolve with regard to adopting and implementing legislation to protect the rights of whistleblowers, even though there is an obligation to identify and punish corruption, fraud and other offences;
Amendment 47 #
Draft opinion Paragraph 2 d (new) 2 d. Considers it appropriate to settle a legal definition of "whistle-blowers" covering a broad scope of working relationships and covering disclosure of information on an unlawful or wrongful act or an act which undermines the public interest;
Amendment 48 #
Motion for a resolution Recital G a (new) Ga. whereas the office of the European Ombudsman has a clear competence in relation to the investigation of complaints of EU citizens about maladministration in the EU institutions, but in itself plays no role in the protection of whistle-blowers;
Amendment 48 #
Draft opinion Paragraph 2 e (new) 2 e. Considers it necessary to foster an ethical culture in the public service and in workplaces so as to highlight the importance of awareness-raising amongst employees of already existing whistle- blowing legal frameworks and in cooperation with trade union organisations;
Amendment 49 #
Motion for a resolution Recital G b (new) Gb. whereas there is a need for a careful assessment of the necessity and legal feasibility of drawing up and consolidating a balanced European legal framework for the protection of whistleblowers, which could provide the necessary stimulus for the EU Member States to implement corresponding legislation;
Amendment 49 #
Draft opinion Paragraph 2 f (new) 2 f. Calls on the Member States to refrain from criminalising the actions of whistle-blowers in disclosing information in the public interest.
Amendment 5 #
Motion for a resolution Citation 3 c (new) – having regard to Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC,
Amendment 5 #
Draft opinion Recital A a (new) A a. whereas whistle-blowers play an essential role in the protection of democracy and act in the benefit of public interest,
Amendment 50 #
Motion for a resolution Recital G b (new) Gb. whereas in many jurisdictions, and particularly in the private sector, employees are subject to duties of confidentiality with respect to certain information, with the possible consequence that whistle-blowers might encounter disciplinary actions for reporting outside of their working relationship;
Amendment 50 #
Draft opinion Paragraph 2 g (new) 2 g. Notes that this protection must be also insured for the private or public person accused of such alleged irregularities which include i.e. procedural rights against defamation and calumny;
Amendment 51 #
Motion for a resolution Recital G c (new) Gc. whereas there should be a single balanced, uniform and comprehensive legal framework to protect whistleblowers, which should include both the public and private sector, in order to create a bridge overcoming the current divide regarding policies and existing practices in relation to people reporting the conduct concerned in businesses and in state institutions;
Amendment 51 #
Draft opinion Paragraph 3 3. Takes the view that current EU law should be applied whenever appropriate by both the EU institutions and the Member States, except when issues of national security or counter-terrorism or the fight against organised crime are involved,and that it should be interpreted in such a way as to offer whistle-blowers the best possible protection;
Amendment 52 #
Motion for a resolution Recital G c (new) Gc. whereas according to a study of OECD more than one third of organisations with reporting mechanism do not have or do not know of a written policy on protecting whistle-blowers from reprisals;
Amendment 52 #
Draft opinion Paragraph 3 3. Takes the view that current EU law should be
Amendment 53 #
Motion for a resolution Recital H H. whereas the Commission has not proposed suitable legislative measures to protect whistle-blowers in the EU effectively; whereas, however, the Commission stated, for instance, in its communication of 5 July 2016, that the protection of whistle-blowers, in both the public and private sectors, helps to address mismanagement and irregularities, including cross-border corruption, which deprives European tax authorities of legitimate tax revenue;
Amendment 53 #
Draft opinion Paragraph 3 3. Takes the view that current EU law should be applied whenever appropriate by both the EU institutions and the Member States, and that it should be interpreted in such a way as to offer whistle-blowers acting in the public interest the best possible protection;
Amendment 54 #
Motion for a resolution Recital H H. whereas
Amendment 54 #
Draft opinion Paragraph 3 3.
Amendment 55 #
Motion for a resolution Recital H H. whereas the Commission has not proposed suitable legislative measures to protect whistleblowers in the EU effectively, in particular in cases involving a Member State;
Amendment 55 #
Draft opinion Paragraph 4 4. Calls on all the EU institutions and bodies to carry out comprehensive and effective follow-up work on the Ombudsman’s own-initiative report of 24 July 2014,
Amendment 56 #
Motion for a resolution Recital H H. whereas the Commission has not proposed suitable legislative measures to
Amendment 56 #
Draft opinion Paragraph 4 a (new) 4 a. Calls on all the EU institutions and bodies to carry out comprehensive and effective follow-up work on the Ombudsman’s own-initiative report of 24 July 2014, in keeping with Article 22 of the Staff Regulations, which provides for internal measures to protect whistle- blowers when acting in the public interest;
Amendment 57 #
Motion for a resolution Recital H a (new) Ha. whereas all EU institutions have been obliged since 1 January 2014 to introduce internal rules protecting whistle-blowers, who are officials of EU institutions, in accordance with articles 22a, 22b and 22c of the Staff Regulations;
Amendment 57 #
Draft opinion Paragraph 5 5. Calls on Member States and EU institutions, in cooperation with all relevant authorities, to introduce and take all necessary measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats, as well as to establish transparent and clear channels for information disclosure, to set up independent national authorities to protect whistle-blowers, and to consider providing those authorities with specific support funds; calls for a centralised European authority based on the model of national privacy watchdogs to be set up
Amendment 58 #
Motion for a resolution Recital H a (new) Ha. whereas the Commission has launched a public consultation on whistleblower protection to assess the scope for horizontal or further sectorial action at EU level, while respecting the principle of subsidiarity
Amendment 58 #
Draft opinion Paragraph 5 5. Calls on Member States to establish transparent and clear channels for information disclosure, to set up independent national authorities to protect whistle-blowers, and to consider providing those authorities with specific support funds; calls for a centralised European authority based on the model of national privacy watchdogs to be set up
Amendment 59 #
Motion for a resolution Recital H b (new) Hb. whereas protection of whistle- blowers at Member States level has neither been implemented in all Member States, nor harmonised, it may be risky for whistle-blowers to provide institutions such as the European Parliament with information on irregularities; as they are afraid of what might happen to them owing to the lack of protection;
Amendment 59 #
Draft opinion Paragraph 5 5. Calls on Member States to establish transparent and clear channels for information disclosure,
Amendment 6 #
Motion for a resolution Citation 6 a (new) – having regard to its resolution of 14 February 2017 on the role of whistleblowers in the protection of EU’s financial interests (2016/2055(INI)),
Amendment 6 #
Draft opinion Recital A b (new) A b. whereas whistleblowing, based on the principles of transparency and integrity, is an essential source of information in the fight against crime and in the investigation of corruption in the public and private sector; whereas whistle-blowers play an essential role in helping Member State and EU institutions and bodies prevent and tackle, among others, any breaches of the principle of integrity and misuse of power that threaten or violate public health and safety, financial integrity, the economy, human rights, the environment or the rule of law at EU and national levels, or the raise of unemployment, restrict or distort fair competition and undermine the trust of citizens in democratic institutions and processes;
Amendment 60 #
Motion for a resolution Recital I I. whereas Parliament has repeatedly called for the horizontal protection of whistleblowers in the EU;
Amendment 60 #
Draft opinion Paragraph 5 5. Calls on Member States to establish transparent and clear channels for information disclosure, to set up independent national authorities to protect whistle-blowers acting in the public interest, and to consider providing those authorities with specific support funds; calls for a centralised European authority based on the model of national privacy watchdogs to be set up.
Amendment 61 #
Motion for a resolution Recital I a (new) Ia. whereas any third-country national recognised as a whistleblower by the European Union or one of its Member States must be entitled to all the relevant protection measures if, whether in the course of his or her duties or otherwise, he or she has come into the possession of and disclosed information about illegal conduct or acts of espionage, committed either by a third country or by a domestic or multinational company, which are prejudicial to a State, a nation or Union citizens and jeopardise, without their knowledge, the integrity of a government, national security or collective or individual freedoms;
Amendment 61 #
Draft opinion Paragraph 5 5. Calls on Member States to establish transparent and clear channels for information disclosure, to set up independent national authorities to protect whistle-blowers, and to consider providing those authorities with specific support funds; calls for
Amendment 62 #
Motion for a resolution Recital J a (new) Ja. whereas it is vital for a horizontal, comprehensive framework to be established as a matter of urgency, which by laying down rights and obligations, protects effectively whistle-blowers throughout the Member States of the EU, as well as in the EU institutions, authorities and organisations;
Amendment 62 #
Draft opinion Paragraph 5 a (new) 5 a. Stresses the need to establish an independent information-gathering, and referral EU body, with offices in all Member States, which should be in position to receive reports of irregularities in private or public sector, with sufficient budgetary resources, adequate competences and appropriate specialists, in order to help internal and external whistle-blowers in using the right channels to disclose their information on possible irregularities, while protecting their confidentiality and offering needed support and advice; considers it necessary that the work of this body would be primarily based at first stage on reliable verification of the information received;
Amendment 63 #
Motion for a resolution Paragraph –1 (new) -1. Calls on the Commission to study and promote best practices employed in protecting whistle-blowers around the world and, on the basis, to take a holistic approach to the task of introducing a common regulatory framework which guarantees a high level of protection across the board in both the public and private sectors;
Amendment 63 #
Draft opinion Paragraph 5 a (new) 5 a. Highlights than whistle-blowers' reports should be quickly and seriously investigated, and that both the whistle- blower and any person implicated by a disclosure should be able to provide additional arguments and evidence throughout the investigation, and they should be kept informed of the handling of the disclosure;
Amendment 64 #
Motion for a resolution Paragraph 1 1. Calls on the Commission to present a horizontal legislative proposal with a
Amendment 64 #
Draft opinion Paragraph 5 a (new) 5 a. Encourages Member States to promote a culture of recognition of the important role played by whistle-blowers for the society, also through awareness- raising campaigns;
Amendment 65 #
Motion for a resolution Paragraph 1 1. Calls on the Commission to present before the end of this year a horizontal legislative proposal
Amendment 65 #
Draft opinion Paragraph 5 a (new) 5 a. Recommends that the EU institutions lead by example by swiftly installing an internal whistle-blowing protection framework;
Amendment 66 #
Motion for a resolution Paragraph 1 1. Calls on the Commission to present a horizontal legislative proposal with a view to effectively protecting whistleblowers in the EU before the end of this year; stresses that there are at present a number of possibilities for legal bases enabling the EU to take action on the matter; calls on the Commission to consider all those possibilities with the aim of proposing a balanced, coherent and effective mechanism that will guarantee, at EU level, uniform protection for the rights of whistleblowers in both the public and private sector;
Amendment 66 #
Draft opinion Paragraph 5 b (new) 5 b. Urges the Member States and the EU institutions to raise awareness of the serious concerns of defenceless whistle- blowers; recommends, particularly the Commission, to provide a comprehensive plan on this issue; calls in this context for a website to be launched where information on the protection of whistle- blowers should be provided, as well as complaints can be submitted; stresses that this website should be easy accessible to the public and should keep their data anonymous;
Amendment 67 #
Motion for a resolution Paragraph 1 1. Calls on the Commission to present a horizontal legislative proposal, with respect for existing national legislations and without limiting the possibility for Member States to take further measures, with a view to effectively protecting whistleblowers in the EU before the end of
Amendment 67 #
Draft opinion Paragraph 5 c (new) 5 c. Recommends the establishment of a special unit with a reporting line as well as dedicated facilities (e.g. hotlines, websites, contact points) within European Parliament and within each national Parliament of the Member States for receiving relevant information from whistle-blowers, which will also provide them with advice and help in protecting them against any possible retaliatory;
Amendment 68 #
Motion for a resolution Paragraph 1 1. Calls on the Commission, after assessing the options available, to present a horizontal legislative proposal, which should ideally be horizontal, with a view to effectively protecting whistleblowers in the EU
Amendment 68 #
Draft opinion Paragraph 5 d (new) 5 d. Calls for the Commission to provide a clear legal framework that guarantees that whistle-blowers exposing irregularities, unlawful or unethical activities are fully protected from all forms of retaliation; urges the Member States to refrain from criminalizing the actions of whistle-blowers in disclosing information about illegal activities or irregularities harmful to some interests of public or private sector;
Amendment 69 #
Motion for a resolution Paragraph 1 1. Calls on the Commission to
Amendment 69 #
Draft opinion Paragraph 5 e (new) 5 e. Calls on the Commission to carry out a public consultation to seek the view of stakeholders on the reporting mechanisms and on the potential shortcomings of the procedures at national level; maintains that the results of the public consultation will present a valuable input for the Commission regarding a possible proposal on the protection of whistle-blowers in the future;
Amendment 7 #
Motion for a resolution Citation 6 a (new) – having regard on the resolution 1729 (2010) of the Parliamentary Assembly of the Council of Europe on the protection of whistle-blowers,
Amendment 7 #
Draft opinion Recital A b (new) A b. whereas EU law already contains certain provisions protecting whistle- blowers against reprisals,but does not yet provide for horizontal legislation applying to all public and private bodies; whereas fragmented provisions might prove inefficient, creates loopholes and discrimination;
Amendment 70 #
Motion for a resolution Paragraph 1 1. Calls on the Commission to present a horizontal legislative proposal with a view to effectively protecting whistleblowers in the EU before the end of this year; stresses that there are at present a number of possibilities for legal bases enabling the EU to take action on the matter; calls on the Commission to consider all those possibilities with the aim of proposing a broad coherent and effective mechanism;
Amendment 70 #
Draft opinion Paragraph 5 f (new) 5 f. Encourages the Member States to develop data, benchmarks and indicators on whistle-blower policies in both the public and private sector;
Amendment 71 #
Motion for a resolution Paragraph 1 a (new) 1a. Highlights the need for legal certainty regarding the protective provisions afforded to whistle-blowers, as a continued lack of clarity and a fragmented approach deters potential whistle-blowers from coming forward; points out therefore that relevant EU legislation should establish a clear procedure for properly handling disclosures and effectively protecting whistle-blowers;
Amendment 71 #
Draft opinion Paragraph 5 g (new) 5 g. Underlines the importance of guaranteeing that whistle-blowers can report infringements in confidential way and that their anonymity is properly and fully safeguarded, also in the digital environment;
Amendment 72 #
Motion for a resolution Paragraph 1 a (new) 1a. 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 in consultation with social partners and in compliance with collective bargaining agreements;
Amendment 72 #
Draft opinion Paragraph 5 h (new) 5 h. Calls on all EU institutions to address the Ombudsman's own initiative report of 24 July 2014, in compliance with Article 22(c) of the new Staff Regulation, inviting all EU bodies to adopt ethical alert mechanisms and whistle-blowing legal frameworks directly based on the internal rules of the Ombudsman's office; reiterates its determination to do so;
Amendment 73 #
Motion for a resolution Paragraph 1 a (new) Amendment 73 #
Draft opinion Paragraph 5 i (new) 5 i. Calls on the Member States and the Commission to draw up a strict legal framework which will enable businesses to establish internal whistle-blower 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 74 #
Motion for a resolution Paragraph 1 b (new) 1b. Notes the high number of whistleblowing cases in workplace context, considers that next to the protection of the public interest and the rule of law, the protection of workers is an important goal of horizontal whistleblower legislation, which could be reflected in the legal basis of the future Commission proposal; considers however that whistleblowers should also be protected in cases that fall outside employer-employee relationships, including the self-employed, entrepreneurs, freelancers, consultants, temporary workers, interns, lawyers, board members, volunteers or people involved in an ongoing recruitment process;
Amendment 74 #
Draft opinion Paragraph 5 j (new) 5 j. Highlights the need for legal certainty regarding the protective provisions afforded to whistle-blowers, as a continued lack of clarity and a fragmented approach deters potential whistle-blowers from coming forward, and is detrimental to their employers; points out therefore that relevant EU legislation should establish a clear procedure for handling disclosures from start to finish to ensure proper follow through on the actions taken by whistle- blowers.
Amendment 75 #
Motion for a resolution Paragraph 1 b (new) 1b. Stresses that protection of whistle- blowers should be harmonised at EU level; suggests that a clear horizontal EU legal framework providing effective protection of whistle-blowers in the public and private sectors and properly complemented, where needed, by sectorial rules would be the most efficient approach in order to ensure comprehensive and genuine protection of whistleblowers; highlights that this framework should include, among others, concrete definitions, effective protection measures against any forms of reprisals, and exemptions from criminal and civil proceedings, according to criteria to be established;
Amendment 76 #
Motion for a resolution Paragraph 1 c (new) 1c. Is of the opinion that any measures taken for the protection of whistle-blowers should be tailored to fit national contexts, as implementing an identical protection mechanism in all Member States may result in dysfunctional behaviour and needless costs; stresses, however, that existing cultural differences should not detract from the need for effective legal protection of whistle-blowers;
Amendment 77 #
Motion for a resolution Paragraph 1 d (new) 1d. Regrets that the Commission has so far failed to submit any legislative proposals aimed at establishing at least a minimum level of protection for whistle- blowers;
Amendment 78 #
Motion for a resolution Paragraph 1 e (new) 1e. Deplores that only a few Member States have introduced sufficiently advanced whistle-blower protection systems; calls on those Member States which have not yet adopted such systems or relevant principles in national law, to do so as soon as possible;
Amendment 79 #
Motion for a resolution Paragraph 2 Amendment 8 #
Motion for a resolution Citation 6 b (new) – having regard on the resolution 2060 (2015) of the Parliamentary Assembly of the Council of Europe on improving the protection of whistle- blowers,
Amendment 8 #
Draft opinion Recital A b (new) A b. whereas whistle-blowers protection in Europe is incomplete, sectorial and uneven among Member States (and in some cases, completely missing) with negative consequences, among others, on EU policies and financial interests;
Amendment 80 #
Motion for a resolution Paragraph 2 2. Takes ‘whistleblower’ to mean anybody who reports on or reveals information
Amendment 81 #
Motion for a resolution Paragraph 2 2. Takes ‘whistleblower’ to mean anybody who reports on or reveals information on an unlawful or wrongful act or an act which undermines the public interest, in the context of his or her working relationship, be it in the public or private sector, of a contractual relationship, or of his or her trade union or association activities; this includes individuals who are outside the traditional employee- employer relationship, such as consultants, contractors, trainees/interns, volunteers, student workers, temporary workers and former employees;
Amendment 82 #
Motion for a resolution Paragraph 2 2. Takes ‘whistleblower’ to mean anybody who, in good faith, reports on or reveals information on an unlawful or wrongful act or an act which undermines the public interest, in the context of his or her working relationship, be it in the public or private sector, of a contractual relationship, or of his or her trade union or association activities;
Amendment 83 #
Motion for a resolution Paragraph 2 2. Takes ‘whistleblower’ to mean anybody who reports on or reveals information on an unlawful or wrongful act
Amendment 84 #
Motion for a resolution Paragraph 2 2. Takes ‘whistleblower’ to mean anybody who reports on or reveals information on an unlawful or wrongful act
Amendment 85 #
Motion for a resolution Paragraph 2 2. Takes ‘whistleblower’ to mean anybody who
Amendment 86 #
Motion for a resolution Paragraph 2 a (new) 2a. considers that individuals who are outside the traditional employee-employer relationship, such as consultant, contractors, trainees, volunteers, students workers, temporary workers, former employees as well as citizens should also be given access to reporting channels and appropriate protection when they reveal information on an unlawful or wrongful act or an act which undermines the public interest;
Amendment 87 #
Motion for a resolution Paragraph 2 a (new) 2a. Takes the view that the definition of whistleblower should reassert the principles of ethical conduct, good faith, disinterest and freedom;
Amendment 88 #
Motion for a resolution Paragraph 3 3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, conflicts of interest, criminal offences, breaches of legal obligation, miscarriages of justice, abuse of authority, unlawful use of public funds, misuse of powers, threats to the environment, health, public safety,
Amendment 89 #
3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, conflicts of interest,
Amendment 9 #
Motion for a resolution Citation 6 c (new) – having regard to its resolution of 16 December 2015 with recommendations to the Commission on bringing transparency, coordination and convergence to corporate tax policies in the Union (2015/2010(INL)),
Amendment 9 #
Draft opinion Recital A c (new) A c. whereas the protection of whistle- blowers is essential for safeguarding the public good of the EU and Member States and for promoting the democratic quality of, and the trust in, public and private institutions, as well as for contributing decisively to a culture of public accountability and integrity in public and private institutions;
Amendment 90 #
Motion for a resolution Paragraph 3 3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, criminal offences, breaches of legal obligation, miscarriages of justice, abuse of authority, conflicts of interest, unlawful use of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers’ rights and other social rights and attacks on human rights, and acts to cover up any of these breaches;
Amendment 91 #
Motion for a resolution Paragraph 3 3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, criminal offences, breaches of legal obligation, miscarriage of justice, abuse of authority, conflicts of interest, unlawful use of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers’ rights and other social rights and attacks on human rights and acts to cover up any of these breaches;
Amendment 92 #
Motion for a resolution Paragraph 3 3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, conflicts of interest, unlawful use of public funds, in particular illicit financial flows and the inequitable allocation of public resources, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers’ rights and other social rights and attacks on human rights;
Amendment 93 #
Motion for a resolution Paragraph 3 3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, conflicts of interest, unlawful use of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers’ rights and other
Amendment 94 #
Motion for a resolution Paragraph 3 3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption,
Amendment 95 #
3. Considers that a breach of the public interest includes
Amendment 96 #
Motion for a resolution Paragraph 3 a (new) 3a. Makes it clear, however, that the concept of the public interest recognised under EU law must not take precedence over respect for privacy or give rise to breaches of the right to protection of personal data, unless the law makes provision for such a step and provided that the essential nature of these rights is upheld and any action taken is consistent with the proportionality principle;
Amendment 97 #
Motion for a resolution Paragraph 3 a (new) 3a. Takes the view that special rules should apply to information relating to national security, defence, intelligence, public order or international relations of the State and that proper consideration should be given to the need to ensure consistency with the existing rules for the protection of legal and other professional privilege;
Amendment 98 #
Motion for a resolution Paragraph 3 a (new) 3a. Emphasises that it must be possible to disclose information concerning the acts referred to in the previous paragraph even if the confidential nature of that information is safeguarded by a legal provision;
Amendment 99 #
Motion for a resolution Paragraph 3 a (new) 3a. Takes the view that the public interest must take precedence over private interests and the economic significance of the information disclosed;
source: 609.386
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