There are reports of a draft law not made publicly available in Austria. One day before the deadline for transposition of the Directive, newspaper DerStandard published an article entitled “Schutz von Whistleblowern: Entscheidende Fragen sind nach wie vor offen”– protection of whistleblowers: crucial questions remain unanswered
The article states that the Ministry of Justice will soon be presenting a first draft whistleblower law. DerStandard, which have obtained a copy of the law, state that the preliminary draft suggests that the government are taking a minimal approach to transposition, not extending protection beyond breaches of EU law, despite serious concerns from civil society, Legal experts and direct encouragement from the Commission to do so.
The article also raises the issue of uncertainty as to whether anonymous reports would be investigated and that the new law includes sanctions for knowingly making false misleading reports. The Recital of the Directive states that such penalties should not be used to dissuade reporting which would undermine the spirit of the law.
It remains to be seen what the final draft will look like when it is finally made available.
Anti-corruption NGO Transparency International has published a statement commenting on the progress of Austria’s transposition of the EU Directive on Whistleblowing.
The Directive must be fully transposed in all 27 EU Member States before the 17 December 2021 yet the process of drafting the new legislation has not been transparent nor inclusive, describing the governments approach as ‘extremely restrictive.’ Stakeholder or Public consultation has not taken place unlike many other European countries who sought the opinion on the new laws.
The statement made five clear demands of the new legal framework as fundamental to its functional implementation:
Parliamentary questions asked of the Federal Minister of Labor Mag. Martin Kocher by MP Dr. Johannes Margreiter, that the transposition of the EU Directive on Whistleblowing has been underway in Austria since June 2020.
The published letter, dated 02 August 2021 states that initial discussions with government departments and federal states resulted in a first internal draft for a law and a subsequent meeting with the ombudsman and data protection office set the proposed scope and content of a new federal law – which is described to be the protection of reports of ‘breaches or violations of specific legal norms including soft law and codes of conduct.’
Further evaluation of the law is planned for late summer and submission to parliament in the autumn. The EU Directive must be fully implemented by the 17 December 2021.
A joint progress report published by Transparency International and the Whistleblowing International Network in February found that Austria had made minimal or no progress in transposing the Directive and that the process had been neither transparent nor inclusive as no information had been proactively shared by the Austrian government.”
" Austria,Not started,30/04/2020,Apr 20,Civil society urges Government to expand EU whistleblowing protection law,https://www.ti-austria.at/2020/09/21/4312/,"Transparency International Austria is campaigning for the Austrian government to expand on the EU Directive on whistleblowing to cover national criminal and competition law. The NGO has issued a paper ‘Implementing the EU whistleblower protection Directive in Austria’ which calls for the extension of scope and making further recommendations for the transposition process: Media coverage of the campaign raises awareness of the issue in Austria, which currently has no comprehensive whistleblowing protection law: ‘Furthermore, the organisation is campaigning for reporter protection to be compiled into one framework law in order to collate the existing individual regulations on reporter protection in a clear manner and thus to create legal certainty. In addition, the protection should also be standardised for public servants. Whilst the EU directive does apply to the same extent for civil servants, the reporting procedure is determined by civil service legal obligations in the Austrian public sector. This obliges the affected individuals to report breaches to supervisors in principle. According to this, when it comes to the implementation of the EU directive, it should also be taken into consideration that those employed in the public sector are provided with standardised protection by the directive.’","Transparency International Austria is campaigning for the Austrian government to expand on the EU Directive on whistleblowing to cover national criminal and competition law.
The NGO has issued a paper ‘Implementing the EU whistleblower protection Directive in Austria’ which calls for the extension of scope and making further recommendations for the transposition process:
Media coverage of the campaign raises awareness of the issue in Austria, which currently has no comprehensive whistleblowing protection law:
‘Furthermore, the organisation is campaigning for reporter protection to be compiled into one framework law in order to collate the existing individual regulations on reporter protection in a clear manner and thus to create legal certainty. In addition, the protection should also be standardised for public servants. Whilst the EU directive does apply to the same extent for civil servants, the reporting procedure is determined by civil service legal obligations in the Austrian public sector. This obliges the affected individuals to report breaches to supervisors in principle. According to this, when it comes to the implementation of the EU directive, it should also be taken into consideration that those employed in the public sector are provided with standardised protection by the directive.’
NGO Transparency International Belgium has published an analysis of the EU Directive on whistleblowing which must be fully transposed into national law by 17 December 2021.
The Report (also available in French) makes key recommendations on implementation which include going beyond the minimum requirements of the Directive and introduce key provisions in line with international best practice consensus for comprehensive and effective whistleblowing protection.
Key recommendations include:
A second draft legislative proposal relevant to whistleblowing protection has been introduced to the Belgian House of Representatives. Draft resolution (doc 55 1730/001) submitted by Mr. De Smet and Ms. Rohonyi of the DéFi political party offers partial provisions to protect disclosures confidential information of public and private entities if it is in the public interest. Parliamentary debate is expected to commence soon.
" Belgium,Delayed,30/09/2020,Sep 20,Federal Government expresses commitment to a timely transposition of the EU Directive on Whistleblowing,https://www.vrt.be/vrtnws/nl/2020/09/30/7-partijen-hebben-een-inhoudelijk-akkoord-om-samen-te-regeren-d/,"The Federal Government of Belgium has in its Coalition Agreement expressed a commitment to a timely transposition of the Directive on Whistleblowing. While the report does not contain any further details on how the Directive will be implemented, it references only the protection of civil servants reporting breaches in good faith (see page 77). It will be important for Belgium to transpose the Directive to protect a wider range of reporting persons beyond civil servants as required (see Article 4.) It is important also that a good faith requirement was specifically avoided during the drafting of the Directive. Recital 32 explicitly states that the motives of a whistleblower should not be relevant as a condition for protection. The results of the tender for hire are not yet known. Given the COVID-19 crisis and the national implications of Brexit, further progress on transposition in Belgium is not expected until the beginning of 2021.","The Federal Government of Belgium has in its Coalition Agreement expressed a commitment to a timely transposition of the Directive on Whistleblowing.
While the report does not contain any further details on how the Directive will be implemented, it references only the protection of civil servants reporting breaches in good faith (see page 77). It will be important for Belgium to transpose the Directive to protect a wider range of reporting persons beyond civil servants as required (see Article 4.) It is important also that a good faith requirement was specifically avoided during the drafting of the Directive. Recital 32 explicitly states that the motives of a whistleblower should not be relevant as a condition for protection.
The results of the tender for hire are not yet known. Given the COVID-19 crisis and the national implications of Brexit, further progress on transposition in Belgium is not expected until the beginning of 2021.
" Belgium,Delayed,20/08/2020,Aug 20,Government outsources transposition preparatory work,https://enot.publicprocurement.be/enot-war/preViewNotice.do?noticeId=384413,The federal Department of the Economy responsible for the transposition of the EU Directive on Whistleblowing has published a tender to outsource an investigation and report into implementing Directive into national law and produce a draft law.,"The federal Department of the Economy responsible for the transposition of the EU Directive on Whistleblowing has published a tender to outsource an investigation and report into implementing Directive into national law and produce a draft law.
" Belgium,Delayed,24/06/2020,Jun 20,Draft legislative proposal on whistleblowing protection introduced to parliament,https://www.lachambre.be/kvvcr/showpage.cfm?section=/flwb&language=fr&cfm=/site/wwwcfm/flwb/flwbn.cfm?legislist=legisnr&dossierID=1380https://www.lachambre.be/kvvcr/showpage.cfm?section=/flwb&language=fr&cfm=/site/wwwcfm/flwb/flwbn.cfm?legislist=legisnr&dossierID=1380,A draft legislative proposal for a dedicated whistleblowing protection law has been introduced to the Belgian House of Representatives by the ‘Workers Party of Belgium’ PVDA political party. Draft law (reference: doc 55 1380/001) submitted by Mr Boukli and others will be subject to future parliamentary debate.,"A draft legislative proposal for a dedicated whistleblowing protection law has been introduced to the Belgian House of Representatives by the ‘Workers Party of Belgium’ PVDA political party. Draft law (reference: doc 55 1380/001) submitted by Mr Boukli and others will be subject to future parliamentary debate.
" Bulgaria,Delayed,06/11/2021,Nov 21,Opinions on draft whistleblowing law published online ,https://strategy.bg/PublicConsultations/View.aspx?lang=bg-BG&Id=6354,"Following public consultation on a draft law to transpose the EU Directive into Bulgarian national law, the Ministry of Justice has published the opinions submitted on the proposal – including submissions from the Supreme Bar Council, a law firm and two NGOs working in the area of law/judicial issues. Various aspects of the proposed framework were analysed by the various interested parties, including: Material scope: Whether the protection afforded by the new law should be limited to the areas set in the Directive (breaches of Union law only) or expanded to protect reports of all matters of public interest. Three of the four submissions were in favour of expanding the material scope with various propositions as to the approach, including additional specific sectors considered high risk of harm to potential wrongdoing; protecting persons who report any action or inaction which is defined in either the EU or national legislation as ‘illegal’ or an ‘irregularity.’ Another, in line with NGO TI-Bulgaria is that protection should be afforded of any person reporting any public interest information. Arguments against broadening of the material scope appeared motivated by concern for the assumed potential for a higher administrative burden faced by the private sector if obligated to handle a wider range of reports than the minimum requirement of the Directive. Competent authorities: Which institutions should establish and maintain external whistleblowing reports and which should be conferred additional powers to impose sanctions for noncompliance. Opinion is divided whether there should be a single centralised competent authority (CA) or multiple nominated bodies as is the approach in Ireland and Sweden. All respondents were in agreement that CA’s should be independent and provided with adequate resources. Internal reporting. Whether private sector entities with less than 50 employees should be obliged to maintain reporting mechanisms (not required under Annex Part I B and Part II of the Directive.) Only one submission (of the Supreme Bar Council) discusses the broadening of the range of public and private organisations who should be obliged to maintain internal reporting channels. Their proposition is to extend the obligation overall public entities and private companies operating in sectors that are deemed high risk such as those which affect market competition, such as utilities (water, electricity etc.) Anonymous reporting. Whether it should be accepted and under what conditions. The issue of facilitating anonymous reports provokes debate and strongly divided opinion in Bulgaria and the submissions reflect this. Lacking trust and confidence in public authorities and fears of retaliation for reporting are cited as reasons to accept anonymous reports whilst fears the system could be abused by those with bad faith motives are seen as reasons not to. Protection measures. All submissions discuss the basic requirements of the Directive for protection measures without specifying how these should be implemented in practice. The only exception is the opinion of the Supreme Bar Council which outlines some legal measures. Without detailed provisions indicating how protection will work in practice, the framework may lack legal certainty which may undermine the spirit of the law to encourage whistleblowers to come forward. ","Following public consultation on a draft law to transpose the EU Directive into Bulgarian national law, the Ministry of Justice has published the opinions submitted on the proposal – including submissions from the Supreme Bar Council, a law firm and two NGOs working in the area of law/judicial issues. Various aspects of the proposed framework were analysed by the various interested parties, including:
Material scope: Whether the protection afforded by the new law should be limited to the areas set in the Directive (breaches of Union law only) or expanded to protect reports of all matters of public interest.
Three of the four submissions were in favour of expanding the material scope with various propositions as to the approach, including additional specific sectors considered high risk of harm to potential wrongdoing; protecting persons who report any action or inaction which is defined in either the EU or national legislation as ‘illegal’ or an ‘irregularity.’ Another, in line with NGO TI-Bulgaria is that protection should be afforded of any person reporting any public interest information.
Arguments against broadening of the material scope appeared motivated by concern for the assumed potential for a higher administrative burden faced by the private sector if obligated to handle a wider range of reports than the minimum requirement of the Directive.
Competent authorities: Which institutions should establish and maintain external whistleblowing reports and which should be conferred additional powers to impose sanctions for noncompliance.
Opinion is divided whether there should be a single centralised competent authority (CA) or multiple nominated bodies as is the approach in Ireland and Sweden. All respondents were in agreement that CA’s should be independent and provided with adequate resources.
Internal reporting. Whether private sector entities with less than 50 employees should be obliged to maintain reporting mechanisms (not required under Annex Part I B and Part II of the Directive.)
Only one submission (of the Supreme Bar Council) discusses the broadening of the range of public and private organisations who should be obliged to maintain internal reporting channels. Their proposition is to extend the obligation overall public entities and private companies operating in sectors that are deemed high risk such as those which affect market competition, such as utilities (water, electricity etc.)
Anonymous reporting. Whether it should be accepted and under what conditions.
The issue of facilitating anonymous reports provokes debate and strongly divided opinion in Bulgaria and the submissions reflect this. Lacking trust and confidence in public authorities and fears of retaliation for reporting are cited as reasons to accept anonymous reports whilst fears the system could be abused by those with bad faith motives are seen as reasons not to.
Protection measures.
All submissions discuss the basic requirements of the Directive for protection measures without specifying how these should be implemented in practice. The only exception is the opinion of the Supreme Bar Council which outlines some legal measures. Without detailed provisions indicating how protection will work in practice, the framework may lack legal certainty which may undermine the spirit of the law to encourage whistleblowers to come forward.
" Bulgaria,Delayed,16/09/2021,Sep 21,Consultation on draft whistleblowing law begins,https://strategy.bg/PublicConsultations/View.aspx?lang=bg-BG&Id=6354,"The Bulgarian Ministry of Justice has opened a public consultation on the transposition of the EU Directive on Whistleblowing into national law. The “Consultation document on the draft law for the protection of persons who submit reports or publicly disclose information on wrongdoing” was published on 16 September 2021 and is the process is open to anyone (both organizations and members of the public) to submit opinions on a Draft Law structure before the deadline of 18 October 2021. The documents and further information has been made available online. The Consultation document discusses the aims and key features of the EU Directive on Whistleblowing and outlines 5 main headings for discussion regarding the proposed new legislation needed to implement the Directive which must be fully transposed before the 17th of December 2021: Material scope. Whether the law should be limited to the areas set in the Directive or expanded to protect reports of all matters of public interest. Competent authorities. Which institutions should establish and maintain external whistleblowing reports and which should have powers to impose sanctions. Internal reporting. Whether private sector entities with less than 50 employees (not required under Annex Part I B and Part II) should be obliged to maintain reporting mechanisms. Anonymous reporting. Whether it should be accepted and under what conditions. Protection measures. Transparency International Bulgaria said: “It is a positive development that the Ministry of Justice decided on it’s approach and to adopt new legislation to implement the Directive and is consulting on this draft law. It remains however unlikely for the new legislation to be passed before the 17th of December 2021. There is currently no Parliament in Bulgaria after elections in July 2021 failed to form a government.” ","The Bulgarian Ministry of Justice has opened a public consultation on the transposition of the EU Directive on Whistleblowing into national law.
The “Consultation document on the draft law for the protection of persons who submit reports or publicly disclose information on wrongdoing” was published on 16 September 2021 and is the process is open to anyone (both organizations and members of the public) to submit opinions on a Draft Law structure before the deadline of 18 October 2021. The documents and further information has been made available online.
The Consultation document discusses the aims and key features of the EU Directive on Whistleblowing and outlines 5 main headings for discussion regarding the proposed new legislation needed to implement the Directive which must be fully transposed before the 17th of December 2021:
Transparency International Bulgaria said: “It is a positive development that the Ministry of Justice decided on it’s approach and to adopt new legislation to implement the Directive and is consulting on this draft law. It remains however unlikely for the new legislation to be passed before the 17th of December 2021. There is currently no Parliament in Bulgaria after elections in July 2021 failed to form a government.”
" Bulgaria,Delayed,21/07/2021,Jul 21,Working group renews work on transposition of EU Directive on Whistleblowing ,,"The Ministry of Justice in Bulgaria has summoned the government working group for the transposition of EU Directive (2019/1937). Two online meetings took place in July 2021 with discussions focusing on the proposed material scope of the protection, whether to adopt a new stand-alone law or make amendments to the existing legislation and whether to have a single or multiple competent authorities for external reporting. So far, the majority of opinions are in favour of: adopting a new stand-alone dedicated whistleblowing protection law; broadening the material scope beyond the Directive’s minimum standard (breaches of EU law) establishing reporting channels across multiple competent authorities NGO Transparency International Bulgaria, an invited Member of the working group, recommended defining the material scope as broadly as possible, ideally in line with the Council of Europe Recommendation CM/Rec(2014)7. This proposition was supported by the Ministry of Justice and other civil society representatives - the Center for Study of Democracy and the Bulgarian Institute for Legal Initiatives. The Directive must be transposed fully before 17 December 2021. Progress has been slow in Bulgaria – the country has been governed by a caretaker government appointed by the President after Parliament was dissolved when parties failed to form a government following elections in April 2021. The caretaker Government has limited powers with regard to initiatives for legislative proposals. A regular Government is currently being elected by Parliament.","
The Ministry of Justice in Bulgaria has summoned the government working group for the transposition of EU Directive (2019/1937).
Two online meetings took place in July 2021 with discussions focusing on the proposed material scope of the protection, whether to adopt a new stand-alone law or make amendments to the existing legislation and whether to have a single or multiple competent authorities for external reporting.
So far, the majority of opinions are in favour of:
NGO Transparency International Bulgaria, an invited Member of the working group, recommended defining the material scope as broadly as possible, ideally in line with the Council of Europe Recommendation CM/Rec(2014)7. This proposition was supported by the Ministry of Justice and other civil society representatives - the Center for Study of Democracy and the Bulgarian Institute for Legal Initiatives.
The Directive must be transposed fully before 17 December 2021. Progress has been slow in Bulgaria – the country has been governed by a caretaker government appointed by the President after Parliament was dissolved when parties failed to form a government following elections in April 2021. The caretaker Government has limited powers with regard to initiatives for legislative proposals. A regular Government is currently being elected by Parliament.
" Bulgaria,Delayed,19/03/2021,Mar 21,Anticorruption strategy including whistleblower protection adopted ,https://strategy.bg/StrategicDocuments/View.aspx?lang=bg-BG&Id=1353,"Bulgaria’s future anti-corruption strategy for 2021 to 2017, which embeds several whistleblower protection provisions has been adopted by decision no 235 of the Council of Ministers. The inclusion of whistleblower protection is considered a success by NGO Transparency International Bulgaria who has lobbied for reforms for many years.”","Bulgaria’s future anti-corruption strategy for 2021 to 2017, which embeds several whistleblower protection provisions has been adopted by decision no 235 of the Council of Ministers.
The inclusion of whistleblower protection is considered a success by NGO Transparency International Bulgaria who has lobbied for reforms for many years.”
" Bulgaria,Delayed,25/02/2021,Feb 21,Whistleblower protection embedded in future Anticorruption Strategy 2021-2027,https://www.strategy.bg/PublicConsultations/View.aspx?lang=bg-BG&Id=5828,"The Bulgarian government has now launched a public consultation on its national anticorruption strategy for 2021-2027 and whistleblower protection is included in draft priorities: 6 - “Creating an environment for public intolerance to corruption” 4 - “Increasing the transparency and accountability of Local government”; and, 5 - “Liberating citizens from petty corruption”. The focus on whistleblower protection is considered a success by NGO Transparency International Bulgaria who has campaigned for such provisions for 36 months. The draft strategy largely reflects key principles of an effective whistleblower protection framework. It guarantees protection against retaliation, including introducing personal liability for those responsible for whistleblower reprisals; requires the establishment of confidential mechanisms for legal advice and assistance to potential whistleblowers, promotion of mechanisms for reporting, and guarantees of the right to a fair hearing. The strategy is expected to be adopted by the current government before the national elections due to be held on 04 April 2021.","The Bulgarian government has now launched a public consultation on its national anticorruption strategy for 2021-2027 and whistleblower protection is included in draft priorities:
6 - “Creating an environment for public intolerance to corruption”
4 - “Increasing the transparency and accountability of Local government”; and,
5 - “Liberating citizens from petty corruption”.
The focus on whistleblower protection is considered a success by NGO Transparency International Bulgaria who has campaigned for such provisions for 36 months.
The draft strategy largely reflects key principles of an effective whistleblower protection framework. It guarantees protection against retaliation, including introducing personal liability for those responsible for whistleblower reprisals; requires the establishment of confidential mechanisms for legal advice and assistance to potential whistleblowers, promotion of mechanisms for reporting, and guarantees of the right to a fair hearing.
The strategy is expected to be adopted by the current government before the national elections due to be held on 04 April 2021.
" Bulgaria,Delayed,31/07/2020,Jul 20,Policy debate on whistleblowing protection: new legal act or amendments to the current framework,,"There is an ongoing discussion amongst the members of the working group on the transposition of the EU Directive on Whistleblowing as to whether to implement with the adoption of a separate dedicated law or through amendments to the existing relevant legislation. In both cases, the provisions should regulate reporting mechanisms, the rights of employees, obligations of the competent authorities to process the received reports, measures for protection and support of whistleblowers, including such in the course of judicial and administrative proceedings. The working group finalised the first draft of the preliminary impact assessment for the current legislation. The analysis covers both primary and secondary legal acts.","There is an ongoing discussion amongst the members of the working group on the transposition of the EU Directive on Whistleblowing as to whether to implement with the adoption of a separate dedicated law or through amendments to the existing relevant legislation. In both cases, the provisions should regulate reporting mechanisms, the rights of employees, obligations of the competent authorities to process the received reports, measures for protection and support of whistleblowers, including such in the course of judicial and administrative proceedings. The working group finalised the first draft of the preliminary impact assessment for the current legislation. The analysis covers both primary and secondary legal acts." Bulgaria,Delayed,12/06/2020,Jun 20,Government fails to involve wider stakeholders during the transposition of EU Directive on whistleblowing,https://transparency.bg/bg/%d0%bd%d0%be%d0%b2%d0%b8%d0%bd%d0%b8/%d0%b4%d1%8a%d1%80%d0%b6%d0%b0%d0%b2%d0%b8%d1%82%d0%b5-%d1%87%d0%bb%d0%b5%d0%bd%d0%ba%d0%b8-%d0%bd%d0%b0-%d0%b5%d1%81-%d0%b8%d0%bc%d0%b0%d1%82-%d1%88%d0%b0%d0%bd%d1%81-%d0%b4%d0%b0-%d1%81%d1%82%d0%b0/,"Despite repeated calls from Civil Society and experts in Bulgaria, the government has failed to involve a wide range of stakeholders in the transposition process for the EU Directive on Whistleblowing. NGO Transparency International Bulgaria have long called for a broad public discussion on and involvement of as many interested parties as possible in the process of implementation of the Directive. Whilst the expert-level administration has accepted that position as evident from a preliminary analysis provided by the Ministry of Justice, there is no evidence that expert recommendations been taken into consideration at the political level. Employers associations, trade unions, branch business organisations and NGOs working on the issue of protection of whistleblowers continue being underrepresented in the working group.","Despite repeated calls from Civil Society and experts in Bulgaria, the government has failed to involve a wide range of stakeholders in the transposition process for the EU Directive on Whistleblowing.
NGO Transparency International Bulgaria have long called for a broad public discussion on and involvement of as many interested parties as possible in the process of implementation of the Directive.
Whilst the expert-level administration has accepted that position as evident from a preliminary analysis provided by the Ministry of Justice, there is no evidence that expert recommendations been taken into consideration at the political level. Employers associations, trade unions, branch business organisations and NGOs working on the issue of protection of whistleblowers
" Bulgaria,Delayed,16/01/2020,Jan 20,Working group on the transposition of the EU Whistleblowing Directive established,,"The government’s Council for European Affairs has decided to establish a working group to focus on the transposition of the Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law (whistleblowing) Transparency International Bulgaria along with two other national NGOs working on transparency and anticorruption issues have been invited to bring their expertise to the group which is co-chaired by the Deputy-minister of justice and the deputy-minister of Labour and Social Policy.",The government’s Council for European Affairs has decided to establish a working group to focus on the transposition of the Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law (whistleblowing). Transparency International Bulgaria along with two other national NGOs working on transparency and anti-corruption issues have been invited to bring their expertise to the group which is co-chaired by the Deputy-minister of justice and the deputy-minister of Labour and Social Policy.
Croatia,Delayed,16/12/2021,Dec 21,Draft whistleblowing law now on agenda,https://vlada.gov.hr/sjednice/91-sjednica-vlade-republike-hrvatske-33559/33559,"On the 15 December 2021, just two days before the official deadline for all EU Member States to transpose the EU Directive on whistleblowing into their national legal systems, the Government in Croatia has finally scheduled a discussion on its agenda. At a conference on whistleblowing protection held on 16 December 2021 entitled ""Legal and practical challenges in protecting whistleblowers"", the Minister of justice and administration announced that the draft act will be progressed to begin parliamentary procedure early 2022.","On the 15 December 2021, just two days before the official deadline for all EU Member States to transpose the EU Directive on whistleblowing into their national legal systems, the Government in Croatia has finally scheduled a discussion on its agenda.
At a conference on whistleblowing protection held on 16 December 2021 entitled ""Legal and practical challenges in protecting whistleblowers"", the Minister of justice and administration announced that the draft act will be progressed to begin parliamentary procedure early 2022.
" Croatia,Delayed,23/11/2021,Nov 21,Public consultation on new whistleblowing law now open,https://esavjetovanja.gov.hr/Econ/MainScreen?EntityId=19159 ,"Public consultation on drafting a new whistleblower protection law is now open in Croatia. A new Act is being adopted in order to harmonise the current national legislation with the EU Directive on Whistleblowing and other international standards or ‘acquis communautaire’ as well as to tackle implementation issues detected so far with the current existing whistleblower legislation. Given the number of amendments forseen, it was decided that new legislation is needed rather than amending the current law. Consultation is open for submitted opinions until 2 December 2021 and it is available on the public portal e-savjetovanja.","
Public consultation on drafting a new whistleblower protection law is now open in Croatia. A new Act is being adopted in order to harmonise the current national legislation with the EU Directive on Whistleblowing and other international standards or ‘acquis communautaire’ as well as to tackle implementation issues detected so far with the current existing whistleblower legislation.
Given the number of amendments forseen, it was decided that new legislation is needed rather than amending the current law.
Consultation is open for submitted opinions until 2 December 2021 and it is available on the public portal e-savjetovanja.
" Croatia,Delayed,21/06/2021,Jun 21,Working group on whistleblowing law reform established,https://mpu.gov.hr/UserDocsImages/dokumenti/Pravo na pristup informacijama/Radne skupine/Odluka o osnivanju radne skupine za izradu Nacrta prijedloga Zakona o izmjenama i dopunama Zakona o za%C5%A1titi prijavitelja nepravilnosti.pdf,"A working group has been established by a decision of the Minister of Justice and Administration. The group will work on drafting amendments to the current whistleblowing law (the Act on Protection of Persons Reporting Irregularities) in order to transpose the EU Directive on whistleblowing into the Croatian legal system. The group comprises 16 members. The members include representatives of relevant state institutions, supreme court, state attorneys’ office and ombuds institution, as well as academia, trade unions, the employers association and civil society.”","A working group has been established by a decision of the Minister of Justice and Administration. The group will work on drafting amendments to the current whistleblowing law (the Act on Protection of Persons Reporting Irregularities) in order to transpose the EU Directive on whistleblowing into the Croatian legal system.
The group comprises 16 members. The members include representatives of relevant state institutions, supreme court, state attorneys’ office and ombuds institution, as well as academia, trade unions, the employers association and civil society.”
" Croatia,Delayed,28/05/2021,May 21,Invitation to join working group on whistleblowing reform published ,https://udruge.gov.hr/vijesti/poziv-za-predlaganje-predstavnika-organizacija-civilnoga-drustva-za-clana-radne-skupine-za-izradu-zakona-o-izmjenama-i-dopunama-zakona-o-zastiti-prijavitelja-nepravilnosti/5335,"In the context of establishing a working group for drafting amendments to the current whistleblowing law - the Act on Protection of Persons Reporting Irregularities - to transpose the EU Directive on Whistleblowing into Croatian law, the Croatian Government Office for Cooperation with NGOs has published an invitation to join the working group. The invitation to nominate representatives of civil society organizations for members of the Working group was published on 28 May 2021 and has a deadline to submit an application of 7 June 2021.","In the context of establishing a working group for drafting amendments to the current whistleblowing law - the Act on Protection of Persons Reporting Irregularities - to transpose the EU Directive on Whistleblowing into Croatian law, the Croatian Government Office for Cooperation with NGOs has published an invitation to join the working group.
The invitation to nominate representatives of civil society organizations for members of the Working group was published on 28 May 2021 and has a deadline to submit an application of 7 June 2021.
" Croatia,Delayed,23/12/2020,Dec 20,Government adopts plan to amend the law to transpose EU directive on whistleblowing,https://zakonodavstvo.gov.hr/godisnji-plan-normativnih-aktivnosti/229,"The Government of the Republic of Croatia has adopted a plan of legislative activities for 2021 which foresees amendments to the current whistleblowing legislation (adopted in 2019) to be adopted in the third trimester of the upcoming year. Such legal amendments were also foreseen by the Plan of harmonization of legislation with the Acquis Communautaire for 2021 which was determined during the same Government session. Human Rights House Zagreb published a 2018 report on the protection of whistleblowers in Croatia which sets out recommendations for reform.","The Government of the Republic of Croatia has adopted a plan of legislative activities for 2021 which foresees amendments to the current whistleblowing legislation (adopted in 2019) to be adopted in the third trimester of the upcoming year.
Such legal amendments were also foreseen by the Plan of harmonization of legislation with the Acquis Communautaire for 2021 which was determined during the same Government session.
Human Rights House Zagreb published a 2018 report on the protection of whistleblowers in Croatia which sets out recommendations for reform.
" Croatia,Not started,30/07/2020,Jul 20,Ombuds joins European network of whistleblowing authorities,https://www.ombudsman.hr/hr/pucki-pravobranitelj-pridruzio-se-europskoj-mrezi-za-zastitu-zvizdaca/,"As the institution responsible for external reporting of irregularities (whistleblowing) the Croatian Ombudsman joined the Network of European Integrity and Whistleblowing Authorities (NEIWA). The NEIWA’s objectives are to encourage international cooperation of institutions which protect and support whistleblowers across Europe and enabling consistent transposition and implementation of EU Directive 2019/1937 on the protection of persons who report breaches of Union law – the EU Directive on whistleblowing.","As the institution responsible for external reporting of irregularities (whistleblowing) the Croatian Ombudsman joined the Network of European Integrity and Whistleblowing Authorities (NEIWA).
The NEIWA’s objectives are to encourage international cooperation of institutions which protect and support whistleblowers across Europe and enabling consistent transposition and implementation of EU Directive 2019/1937 on the protection of persons who report breaches of Union law – the EU Directive on whistleblowing.
" Cyprus,Delayed,17/01/2022,Jan 22,Whistleblowing reforms in early stages,,"Draft legislation to transpose the EU Directive on whistleblowing is currently being considered in Belgium. The proposal, understood to contain two separate Bills to cover public and private sector was circulated in December but not made publicly available despite NGOs calling for EU Governments to engage in an inclusive and transparent transposition process and there is discussion on Belgium’s anticipated approach online. Belgium has now missed the official two-year deadline of 17 December 2021. The precise progress of the proposals is currently unclear with further information expected in February and a law in Summer 2022.","Draft legislation to transpose the EU Directive on whistleblowing is currently being considered in Belgium. The proposal, understood to contain two separate Bills to cover public and private sector was circulated in December but not made publicly available despite NGOs calling for EU Governments to engage in an inclusive and transparent transposition process and there is discussion on Belgium’s anticipated approach online.
Belgium has now missed the official two-year deadline of 17 December 2021. The precise progress of the proposals is currently unclear with further information expected in February and a law in Summer 2022.
" Cyprus,Delayed,12/01/2022,Jan 22,New whistleblowing law likely to pass next week,https://cyprus-mail.com/2022/01/10/whistleblower-protection-bill-heading-for-vote-next-week/,"A new whistleblowing law has received approval in the relevant Parliamentary committee in Cyprus and will be passed to the Assembly - a vote on the government Bill is expected to on 20 January 2022 when the new legislation will be officially adopted. Whistleblowing legislation has been under discussion in Cyprus for many years. The new Bill will transpose the EU Directive on Whistleblowing just over one month short of the 17 December 2021 official deadline. The adoption of the law will make Cyprus the sixth country out of 27 EU Member States to introduce new legislation to implement the Directive. There has been little publicly available information on the drafting of the current Bill. Media reports in November stated that early discussions were underway. NGOs Transparency International and the Whistleblowing International Network have highlighted the delay of EU Governments adopting the new rules and the lack of transparency and inclusivity in the process.","A new whistleblowing law has received approval in the relevant Parliamentary committee in Cyprus and will be passed to the Assembly - a vote on the government Bill is expected to on 20 January 2022 when the new legislation will be officially adopted.
Whistleblowing legislation has been under discussion in Cyprus for many years. The new Bill will transpose the EU Directive on Whistleblowing just over one month short of the 17 December 2021 official deadline. The adoption of the law will make Cyprus the sixth country out of 27 EU Member States to introduce new legislation to implement the Directive.
There has been little publicly available information on the drafting of the current Bill. Media reports in November stated that early discussions were underway. NGOs Transparency International and the Whistleblowing International Network have highlighted the delay of EU Governments adopting the new rules and the lack of transparency and inclusivity in the process.
" Cyprus,Delayed,26/12/2020,Dec 20,Media reports draft Bill under discussion,https://knews.kathimerini.com.cy/en/news/cyprus-scrambles-to-legislate-whistleblower-law,"It has been reported that Members of Parliament in Cyprus are discussing a new whistleblower protection law to transpose the EU Directive on Whistleblowing. All 27 EU Member States must fully transpose the Directive. The 17 December 2021 is the official deadline for implementation. MP Irini Charalambides has publicly criticized the government Bill for ‘lacking real protections’ stating that it does not protect all whistleblowers. ","It has been reported that Members of Parliament in Cyprus are discussing a new whistleblower protection law to transpose the EU Directive on Whistleblowing. All 27 EU Member States must fully transpose the Directive. The 17 December 2021 is the official deadline for implementation.
MP Irini Charalambides has publicly criticized the government Bill for ‘lacking real protections’ stating that it does not protect all whistleblowers.
" Cyprus,Not started,25/08/2020,Aug 20,Member of Parliament calls for stronger Whistleblower protection,https://www.facebook.com/eirene.charalampidou/posts/3192099970866778,"Member of Parliament Irene Charalambidou (AKEL) has called for stronger whistleblower protection in a recent publicised speech stating: '…we have to wait when the EU Directive will come, in order to complement (the governmental law proposal) and proceed... But why? When all the European countries are adopting mechanisms for the protection of whistleblowers because it is the only way to fight corruption. Do we want to fight corruption or we just want to say that we want to fight corruption? Is there political will or there is not? We have to prove it. And the first step is to ensure the real protection of whistleblowers through adopting all necessary safety valves for their safety.' The Ministry of Justice and Public Order began preparatory work on the transposition of the EU Directive on Whistleblowing (2019/1937) in April 2020 but not much is known about the process.","Member of Parliament Irene Charalambidou (AKEL) has called for stronger whistleblower protection in a recent publicised speech stating:
'…we have to wait when the EU Directive will come, in order to complement (the governmental law proposal) and proceed... But why? When all the European countries are adopting mechanisms for the protection of whistleblowers because it is the only way to fight corruption. Do we want to fight corruption or we just want to say that we want to fight corruption? Is there political will or there is not? We have to prove it. And the first step is to ensure the real protection of whistleblowers through adopting all necessary safety valves for their safety.'
The Ministry of Justice and Public Order began preparatory work on the transposition of the EU Directive on Whistleblowing (2019/1937) in April 2020 but not much is known about the process.
" Czechia,Delayed,31/08/2021,Aug 21,Whistleblowing transposition law fails at final hurdle,https://public.psp.cz/en/sqw/hp.sqw?k=4000,"Legislative progress of a draft law to transpose the EU Directive on Whistleblowing has failed in the Czech Republic. The necessary parliamentary discussion of the law in the Committee on Constitutional and Legal Affairs has not been timetabled on the agenda. The Committee on Public Administration and Regional Development has supported the draft since 15 July 2021 but without approval of the law in the Constitutional and Legal Affairs Committee, the law cannot be discussed in the Chamber of Deputies. The legislative process will have to start all over again with the upcoming parliamentary elections in early October 2021. The newly elected Members of Parliaments will not be able to progress the draft legislation before the deadline for transposition. The development is a disappointment to whistleblower protection advocates who have been campaigning for an effective and timely transposition of the Directive which must be fully implemented before the 17 December 2021. The Czech Republic was one of the first EU member states to introduce a draft law into parliament and was found to be the only country to have made ‘significant progress’ in a Progress Report published earlier this year. Šárka Trunkátová, vice-chairman at NGO Oživení said: ""The Czech Republic is failing to adopt the law by 17 December 2021, the deadline imposed by the EU. We will enter a state of legal chaos. Whistleblowers will be able to demand rights granted by European legislation, but with no framework for how to treat whistleblowers.""","Legislative progress of a draft law to transpose the EU Directive on Whistleblowing has failed in the Czech Republic.
The necessary parliamentary discussion of the law in the Committee on Constitutional and Legal Affairs has not been timetabled on the agenda. The Committee on Public Administration and Regional Development has supported the draft since 15 July 2021 but without approval of the law in the Constitutional and Legal Affairs Committee, the law cannot be discussed in the Chamber of Deputies. The legislative process will have to start all over again with the upcoming parliamentary elections in early October 2021. The newly elected Members of Parliaments will not be able to progress the draft legislation before the deadline for transposition.
The development is a disappointment to whistleblower protection advocates who have been campaigning for an effective and timely transposition of the Directive which must be fully implemented before the 17 December 2021. The Czech Republic was one of the first EU member states to introduce a draft law into parliament and was found to be the only country to have made ‘significant progress’ in a Progress Report published earlier this year. Šárka Trunkátová, vice-chairman at NGO Oživení said:
""The Czech Republic is failing to adopt the law by 17 December 2021, the deadline imposed by the EU. We will enter a state of legal chaos. Whistleblowers will be able to demand rights granted by European legislation, but with no framework for how to treat whistleblowers.""
" Czechia,Delayed,14/06/2021,Jun 21,Public awareness campaign on whistleblowing launched ,https://www.oziveni.cz/vyslepicit-ututlat,"NGO Oživení have launched a public awareness campaign to raise awareness of effective whistleblower protection. The campaign comes as a new dedicated whistleblowing law is being discussed in Parliament which seeks to transpose the EU Directive on whistleblowing. Due to elections in October there is serious doubt as to whether the law can be passed before the deadline of 17 December 2021.","NGO Oživení have launched a public awareness campaign to raise awareness of effective whistleblower protection.
The campaign comes as a new dedicated whistleblowing law is being discussed in Parliament which seeks to transpose the EU Directive on whistleblowing. Due to elections in October, there is serious doubt as to whether the law can be passed before the deadline of 17 December 2021.
" Czechia,Delayed,12/05/2021,May 21,Draft Bill to transpose EU Directive on whistleblower passes vote,https://www.psp.cz/sqw/hlasy.sqw?g=76254&l=cz,"A draft law on whistleblower protection to transpose the EU Directive on whistleblowing has passed a crucial vote in the parliament of the Czech Republic. After much delay, the scheduled discussion on the draft Bill took place during the 103rd special meeting of the Chamber of Deputies and a vote on the draft Bill passed by a majority of votes on 12 May 2021. MPs did not however support a proposal to accelerate deadlines for negotiation which would speed up the legislative process. Experts and the opposition Pirate party fear the draft Bill now won’t be discussed again before parliamentary elections in early October. They also criticized the proposed external body designated for handling whistleblowing concerns lack of independence from the Ministry of Justice. The draft Bill will now be discussed in the relevant parliamentary committees.","A draft law on whistleblower protection to transpose the EU Directive on whistleblowing has passed a crucial vote in the parliament of the Czech Republic.
After much delay, the scheduled discussion on the draft Bill took place during the 103rd special meeting of the Chamber of Deputies and a vote on the draft Bill passed by a majority of votes on 12 May 2021.
MPs did not however support a proposal to accelerate deadlines for negotiation which would speed up the legislative process.
Experts and the opposition Pirate party fear the draft Bill now won´t be discussed again before parliamentary elections in early October. They also criticized the proposed external body designated for handling whistleblowing concerns lack of independence from the Ministry of Justice.
The draft Bill will now be discussed in the relevant parliamentary committees.
" Czechia,Delayed,11/05/2021,May 21,Draft Law on whistleblowing scheduled for parliamentary discussion,https://www.psp.cz/sqw/ischuze.sqw?o=8&s=103&pozvanka=1,"A draft law on whistleblower protection to transpose the EU Directive on Whistleblowing has been included on the agenda for a special meeting of the Chamber of Deputies in the Czech Republic. After much delay, the scheduled discussion on the draft Bill is due to take place during the 103rd special meeting of the Chamber of Deputies on May 12, 2021 at 15.00 pm. Experts have said that the session is likely to be the last chance for the Bill to be discussed in the current parliamentary term. The Government’s proposal is included at the end of the agenda and only after the Pirate MPs draft law to protect whistleblowers will be discussed (with undisclosed drafts falling under the table.) There therefore remains much uncertainty at the likelihood of success for the law. The agenda of 103rd special meeting of the Chamber of Deputies can be found here.","A draft law on whistleblower protection to transpose the EU Directive on Whistleblowing has been included on the agenda for a special meeting of the Chamber of Deputies in the Czech Republic.
After much delay, the scheduled discussion on the draft Bill is due to take place during the 103rd special meeting of the Chamber of Deputies on May 12, 2021 at 15.00 pm.
Experts have said that the session is likely to be the last chance for the Bill to be discussed in the current parliamentary term. The Government’s proposal is included at the end of the agenda and only after the Pirate MPs draft law to protect whistleblowers will be discussed (with undisclosed drafts falling under the table.) There therefore remains much uncertainty at the likelihood of success for the law.
The agenda of 103rd special meeting of the Chamber of Deputies can be found here.
" Czechia,Delayed,14/04/2021,Apr 21,Government fails to support whistleblowing draft law,https://ekonom.cz/c1-66909500-zrizeni-etickych-linek-muze-firmam-zachranit-miliony-korun,"Despite Czechia making substantive progress in the transposition of the EU Directive on whistleblowing protection, the governments draft law is fading during the legislation process due to lack of official support. It remains unclear whether the draft law will be passed before the autumn elections. A recent article in Ekonom magazine discusses the whistleblowing reporting mechanism as both an obligation and a benefit for companies. Draft laws to protect whistleblowers have been traditionally left to politicians facing the end of the parliamentary term with a bill being drafted every election period since 2009, with none yet approved. The current draft law remains prior to first reading which means it is not certain whether it will be discussed in the Chamber of Deputies before the end of the parliamentary term. Experience shows that legislators need at least seven months to achieve this, with only seven months until elections. Mere approval of the law will not be enough. A concerted high-level campaign should follow, to raise awareness and educate the public on the importance of reporting unethical or even illegal practices and may need reminding on the importance of whistleblowing to overcome historic cultural connotations. As MPs will be involved in the election campaign, there will be little time available. Lukáš Černohorský, MP for the Pirate party has commented on the missed chance to discuss the protection of whistleblowers in the current election period: “This key anti-corruption law will once again fall under the table, although for the last 10 years, all governments have volunteered to protect brave whistleblowers. I tried to save the situation yesterday by proposing that the government and Pirate versions of the legislation be discussed as a matter of priority, but most of the MPs were against it.” Adding: “I am afraid that this has squandered the last chance for the Whistleblower Protection Act to go through the standard legislative process during this parliamentary term - i.e. by October this year. If this does not happen, the whole process will have to start again.”","Despite Czechia making substantive progress in the transposition of the EU Directive on whistleblowing protection, the governments draft law is fading during the legislation process due to lack of official support. It remains unclear whether the draft law will be passed before the autumn elections.
A recent article in Ekonom magazine discusses the whistleblowing reporting mechanism as both an obligation and a benefit for companies. Draft laws to protect whistleblowers have been traditionally left to politicians facing the end of the parliamentary term with a bill being drafted every election period since 2009, with none yet approved.
The current draft law remains prior to first reading which means it is not certain whether it will be discussed in the Chamber of Deputies before the end of the parliamentary term. Experience shows that legislators need at least seven months to achieve this, with only seven months until elections.
Mere approval of the law will not be enough. A concerted high-level campaign should follow, to raise awareness and educate the public on the importance of reporting unethical or even illegal practices and may need reminding on the importance of whistleblowing to overcome historic cultural connotations. As MPs will be involved in the election campaign, there will be little time available.
Lukáš Černohorský, MP for the Pirate party has commented on the missed chance to discuss the protection of whistleblowers in the current election period:
“This key anti-corruption law will once again fall under the table, although for the last 10 years, all governments have volunteered to protect brave whistleblowers. I tried to save the situation yesterday by proposing that the government and Pirate versions of the legislation be discussed as a matter of priority, but most of the MPs were against it.”
Adding: “I am afraid that this has squandered the last chance for the Whistleblower Protection Act to go through the standard legislative process during this parliamentary term - i.e. by October this year. If this does not happen, the whole process will have to start again.”
" Czechia,Delayed,31/03/2021,Mar 21,Civil Society concerned draft law to transpose EU Directive on Whistleblowing may have stalled,https://www.oziveni.cz/2021/03/jak-si-vede-cesko-v-tvorbe-zakona-o-ochrane-oznamovatelu-v-ramci-eu/,"A draft Bill on the protection of whistleblowers to implement the EU Directive on Whistleblowing was scheduled for ‘general debate’ during the 87th meeting of the Chamber of Deputies, but was not heard. This is the first stage of the legislative process necessary to progress the legislation. As the Draft was not discussed, unfortunately the future timeline for adopting the law is now uncertain. The Czech Republic had recently been considered as the only EU Member State to make ‘substantive progress’ in a recent Progress report of the transposition of the EU Directive on Whistleblowing after the Ministry of Justice prepared a well-designed Draft law recently, approved by the Government and presented to the Chamber of Deputies on Feb 9, 2021. Following the delay, it now remains ‘parked’ at this preliminary state: see legislative process infographic. The length of the legislative process averages 9 months in the Chamber of Deputies. There is a substantial number of draft Bills awaiting debate and approval before the upcoming elections in early October. Drafts are listed on the agenda of the Chamber of Deputies and are guided by the priorities of governmental parties which have not to date supported their own proposal on whistleblowing. NGO Oživení is monitoring the process. The question now for civil society is whether work achieved so far be completely wasted? Political parties will need to be convinced to discuss the Draft as a priority after the Autumn elections – whether they do so remains yet unknown. The deadline for transposition of the Directive is 17 December 2021. Failure to adopt Czech law represents a great legal uncertainty for whistleblowers, employers and other stakeholders, as the Directive will remain only partially implemented.","Draft Bill delayed
A draft Bill on the protection of whistleblowers to implement the EU Directive on Whistleblowing was scheduled for ‘general debate’ during the 87th meeting of the Chamber of Deputies, but was not heard. This is the first stage of the legislative process necessary to progress the legislation. As the Draft was not discussed, unfortunately the future timeline for adopting the law is now uncertain.
The Czech Republic had recently been considered as the only EU Member State to make ‘substantive progress’ in a recent Progress report of the transposition of the EU Directive on Whistleblowing after the Ministry of Justice prepared a well-designed Draft law recently, approved by the Government and presented to the Chamber of Deputies on Feb 9, 2021. Following the delay, it now remains ‘parked’ at this preliminary state: see legislative process infographic.
The length of the legislative process averages 9 months in the Chamber of Deputies. There is a substantial number of draft Bills awaiting debate and approval before the upcoming elections in early October. Drafts are listed on the agenda of the Chamber of Deputies and are guided by the priorities of governmental parties which have not to date supported their own proposal on whistleblowing.
NGO Oživení is monitoring the process. The question now for civil society is whether work achieved so far be completely wasted? Political parties will need to be convinced to discuss the Draft as a priority after the Autumn elections – whether they do so remains yet unknown.
The deadline for transposition of the Directive is 17 December 2021. Failure to adopt Czech law represents a great legal uncertainty for whistleblowers, employers and other stakeholders, as the Directive will remain only partially implemented.
" Czechia,Delayed,01/02/2021,Feb 21,Government approves draft law on whistleblowing protection,https://www.vlada.cz/cz/media-centrum/tiskove-konference/tiskova-konference-po-jednani-vlady--1--unora-2021-186379/,"A draft Bill on the protection of whistleblowers to transpose the EU Directive on Whistleblowing was scheduled for ‘general debate’ during the 87th meeting of the Chamber of Deputies, but was not heard. This is the first stage of the legislative process necessary to progress the legislation. As the Draft was not discussed, unfortunately the future timeline for adopting the law is now uncertain. The Czech Republic had recently been considered as the only EU Member State to make ‘substantive progress’ in a recent progress report after the Ministry of Justice prepared a well-designed Draft law recently approved by the Government and presented to the Chamber of Deputies on 09 February 2021. Following the delay, it now remains ‘parked’ at this preliminary state as shown by the legislative process infographic. The length of the legislative process averages 9 months in the Chamber of Deputies. There is a substantial number of draft Bills awaiting debate and approval before the upcoming elections in early October. Drafts are listed on the agenda of the Chamber of Deputies and are guided by the priorities of governmental parties which have not to date supported their own proposal on whistleblowing. NGO Oživení is monitoring the process. The question now for civil society is whether work achieved so far be completely wasted? Political parties will need to be convinced to discuss the Draft as a priority after the Autumn elections – whether they do so remains yet unknown. The deadline for transposition of the Directive is 17 December 2021. Failure to adopt Czech law represents a great legal uncertainty for whistleblowers, employers and other stakeholders, as the Directive will remain only partially implemented.","A draft Bill on the protection of whistleblowers to transpose the EU Directive on Whistleblowing was scheduled for ‘general debate’ during the 87th meeting of the Chamber of Deputies, but was not heard. This is the first stage of the legislative process necessary to progress the legislation. As the Draft was not discussed, unfortunately the future timeline for adopting the law is now uncertain.
The Czech Republic had recently been considered as the only EU Member State to make ‘substantive progress’ in a recent progress report after the Ministry of Justice prepared a well-designed Draft law recently approved by the Government and presented to the Chamber of Deputies on 09 February 2021. Following the delay, it now remains ‘parked’ at this preliminary state as shown by the legislative process infographic.
The length of the legislative process averages 9 months in the Chamber of Deputies. There is a substantial number of draft Bills awaiting debate and approval before the upcoming elections in early October. Drafts are listed on the agenda of the Chamber of Deputies and are guided by the priorities of governmental parties which have not to date supported their own proposal on whistleblowing.
NGO Oživení is monitoring the process. The question now for civil society is whether work achieved so far be completely wasted? Political parties will need to be convinced to discuss the Draft as a priority after the Autumn elections – whether they do so remains yet unknown.
The deadline for transposition of the Directive is 17 December 2021. Failure to adopt Czech law represents a great legal uncertainty for whistleblowers, employers and other stakeholders, as the Directive will remain only partially implemented.
" Czechia,Delayed,25/01/2021,Jan 21,Government suspends discussions on a Draft Law on whistleblowing protection,https://apps.odok.cz/veklep-detail?pid=KORNBR3DRSYB,"The Czech Government were due to convene and discuss a draft law to transpose the EU Directive on whistleblowing at a meeting on the 25th of January 2021 following the closure of the procedure to collate inter-ministerial comments. Deliberations were suspended and re-scheduled for the next meeting. The reasons for the delay were explained by Jana Maláčová, Ministry of Labor and Social Affairs at a press conference on 25th of January 2021. Maláčová clarified that there were still some remaining ambiguity between the approach of the Ministry of Justice, Ministry of Interior and Ministry of Labor and Social Affairs. It was deemed necessary to fine-tune the intended role of the public office of the Labor Inspectorate in the proposed framework and that such detailed technical provision needed to be defined in the legislation. The Draft Law is publicly available in the legislative library.","The Czech Government were due to convene and discuss a draft law to transpose the EU Directive on whistleblowing at a meeting on the 25th of January 2021 following the closure of the procedure to collate inter-ministerial comments.
Deliberations were suspended and re-scheduled for the next meeting. The reasons for the delay were explained by Jana Maláčová, Ministry of Labor and Social Affairs at a press conference on 25th of January 2021.
Maláčová clarified that there were still some remaining ambiguity between the approach of the Ministry of Justice, Ministry of Interior and Ministry of Labor and Social Affairs. It was deemed necessary to fine-tune the intended role of the public office of the Labor Inspectorate in the proposed framework and that such detailed technical provision needed to be defined in the legislation. The Draft Law is publicly available in the legislative library.
" Czechia,Delayed,27/11/2020,Nov 20,Government advisors discuss the draft Law on whistleblowing protection,https://www.vlada.cz/cz/ppov/lrv/programy-zasedani-a-vasledky/program-246--zasedani-lrv-26--11--2020-a-jeho-vysledky-184945/,"Two government advisory bodies are discussing a draft law to transpose the EU Directive on whistleblowing. The Council for the Coordination of the Fight against Corruption has recommended the Government of the Czech Republic to approve the proposal in its meeting on Nov. 24, 2020. At the same time, it recommended that the Bill and related amending law be submitted to the Chamber of Deputies (the 1st reading) by the end of January 2021. On Thursday 26 November 2020 the Legislative Council of the Government suspended the discussion of the Draft Law and the draft text will be amended according to the comments of the members. The government should decide on the protection of whistleblowers by the end of this year. The law still has a chance to be approved in this election period, in time to meet the 17 December 2021 deadline for implementation of the EU directive. Czech NGO Oživení has reflected on the legislative procedure, finding that the attitude of government officials (especially the Ministry of Finance) seems absurd as an external body (whether it will be a department of the Ministry of Justice, the Office of the Ombudsman or the Office for the Supervision of Political Parties and Movements) will be afforded no additional budget to meet its new obligations, which will undermine effective implementation of the law.","Two government advisory bodies are discussing a draft law to transpose the EU Directive on whistleblowing.
The Council for the Coordination of the Fight against Corruption has recommended the Government of the Czech Republic to approve the proposal in its meeting on Nov. 24, 2020. At the same time, it recommended that the Bill and related amending law be submitted to the Chamber of Deputies (the 1st reading) by the end of January 2021.
On Thursday 26 November 2020 the Legislative Council of the Government suspended the discussion of the Draft Law and the draft text will be amended according to the comments of the members. The government should decide on the protection of whistleblowers by the end of this year. The law still has a chance to be approved in this election period, in time to meet the 17 December 2021 deadline for implementation of the EU directive.
Czech NGO Oživení has reflected on the legislative procedure, finding that the attitude of government officials (especially the Ministry of Finance) seems absurd as an external body (whether it will be a department of the Ministry of Justice, the Office of the Ombudsman or the Office for the Supervision of Political Parties and Movements) will be afforded no additional budget to meet its new obligations, which will undermine effective implementation of the law.
" Czechia,Delayed,06/10/2020,Oct 20,Draft law on whistleblowing protection submitted to Government,https://korupce.cz/ministerstvo-spravedlnosti-predlozilo-vlade-navrh-zakona-o-ochrane-oznamovatelu/,"The Ministry of Justice has submitted a draft law on the protection of whistleblowers to the Government on 30 September 2020. The Governmental Legislative Council and its individual working groups have 60 days to review. The meeting of the governments established a working group on whistleblowing as well as the meeting of the Government Council for the Coordination of the Fight against Corruption are planned to discuss the Draft and the comments of the Governmental Legislative Council later on in November. NGO Oživení, has reflected on the inter-ministerial commentary procedure finding that there are positive aspects including: - protection is provided to all whistleblowers without restrictive conditionality (i.e. procedural protection in court proceedings); - It is explicitly stated that it is possible to report anonymously; - confidentiality measures for whistleblowers, other concerned persons and for disclosures has been improved; - clarification of the relationship of the new law with other relevant legislation (e.g. the Anti Money Laundering framework). Problematic aspects of the proposal include: - the competent authority to handle external reporting will retain authority under the Ministry of Justice; - the explanatory memorandum to the draft law is not sufficiently clear that there will be no requirement for a whistleblower to be acting in good faith as per the EU Directives recitals. The Draft Law introduces the possibility to utilise the option afforded under the EU whistleblowing Directive to exclude the protection of disclosure of information on a matter of national security.","The Ministry of Justice has submitted a draft law on the protection of whistleblowers to the Government on 30 September 2020. The Governmental Legislative Council and its individual working groups have 60 days to review.
The meeting of the governments established a working group on whistleblowing as well as the meeting of the Government Council for the Coordination of the Fight against Corruption are planned to discuss the Draft and the comments of the Governmental Legislative Council later on in November.
NGO Oživení, has reflected on the inter-ministerial commentary procedure finding that there are positive aspects including:
Problematic aspects of the proposal include:
The Draft Law introduces the possibility to utilise the option afforded under the EU whistleblowing Directive to exclude the protection of disclosure of information on a matter of national security.
" Czechia,Delayed,03/09/2020,Sep 20,Ministry of Justice to prepare impact assessment after criticism of whistleblowing proposals,https://korupce.cz/ministerstvo-spravedlnosti-projednalo-ochranu-whistlebloweru-s-neziskovymi-organizacemi/,"A draft law on whistleblowing protection to transpose the EU Directive on whistleblowing is being discussed in the Czech Republic. Following the inter-ministerial commentary procedure on the draft Law (in August 2020), the governmental working group for whistleblowing (Pracovní komise předsedy Rady vlády pro koordinaci boje s korupcí k whistleblowingu) discussed the comments of its members which include NGOs. Criticism was directed at the design of the “agency” to handle external report which is proposed to be formed as a department of the Ministry of Justice. Civil society experts have argued that it will lack the necessary independence to be effective, although the Ministry of Justice does not agree. Nevertheless, based on the request of NGOs and other Ministries, the Ministry of Justice will prepare a more detailed impact assessment and cost analysis of alternative approaches, including for the agency to be hosted by the Office for Supervision of Political Parties and Political Movements and the Office of the Public Defender of Rights. The draft proposal is to be presented to the Government in September 2020 in order to have the chance to be passed in a standard legislative process during the current election period. However, the Council of the Government for the coordination of the fight against corruption, which is to review the draft ahead of the meeting of the Government, is scheduled for November 2020. Civil society representatives from the public sector, academics and NGOs will meet at an international online conference organized by the University of Lodz on 25 September 2020, to review the whistleblowing protection in V4 countries, France and Slovenia and to search for an effective model of protection.","A draft law on whistleblowing protection to transpose the EU Directive on whistleblowing is being discussed in the Czech Republic.
Following the inter-ministerial commentary procedure on the draft Law (in August 2020), the governmental working group for whistleblowing (Pracovní komise předsedy Rady vlády pro koordinaci boje s korupcí k whistleblowingu) discussed the comments of its members which include NGOs.
Criticism was directed at the design of the “agency” to handle external report which is proposed to be formed as a department of the Ministry of Justice. Civil society experts have argued that it will lack the necessary independence to be effective, although the Ministry of Justice does not agree.
Nevertheless, based on the request of NGOs and other Ministries, the Ministry of Justice will prepare a more detailed impact assessment and cost analysis of alternative approaches, including for the agency to be hosted by the Office for Supervision of Political Parties and Political Movements and the Office of the Public Defender of Rights.
The draft proposal is to be presented to the Government in September 2020 in order to have the chance to be passed in a standard legislative process during the current election period. However, the Council of the Government for the coordination of the fight against corruption, which is to review the draft ahead of the meeting of the Government, is scheduled for November 2020.
Civil society representatives from the public sector, academics and NGOs will meet at an international online conference organized by the University of Lodz on 25 September 2020, to review the whistleblowing protection in V4 countries, France and Slovenia and to search for an effective model of protection.
" Czechia,Delayed,30/07/2020,Jul 20,Civil society comment on the new draft law to transpose EU Directive on whistleblowing,https://www.rekonstrukcestatu.cz/archiv-novinek/zakon-o-whistleblowingu-v-navrhovane-podobe-nezajistuje-oznamovatelum-dostatecnou-podporu-a-ochranu,"Anticorruption NGOs Rekonstrukce státu, Frank Bold and Oživení, and Transparency International ČR have published comments on a new law on whistleblowing warning that it will provide insufficient protection. There is currently no comprehensive legal protection of whistleblowing in the Czech Republic. A good law can significantly strengthen the protection of the public interest and prevent wasteful behaviour and other harms. It was found that whilst the current proposal of the Ministry of Justice meets various requirements for a functional system of whistleblower protection (e.g. by adopting a broad definition of a whistleblower and encouraging the importance of internal reporting), it does not fulfil the full potential of such a law. Experts see the main problem with the nature of the external reporting authority (the “Agency”) that whistleblowers will turn to. It also has been proposed to simplify the distinction between types of reports, strengthen confidentiality measures and explicitly facilitate anonymous reporting. It was also felt that proposal does not effectively transpose various provisions of the EU Directive 2019/1937 on whistleblower protection.","Anticorruption NGOs Rekonstrukce státu, Frank Bold and Oživení, and Transparency International ČR have published comments on a new law on whistleblowing warning that it will provide insufficient protection.
There is currently no comprehensive legal protection of whistleblowing in the Czech Republic. A good law can significantly strengthen the protection of the public interest and prevent wasteful behaviour and other harms.
It was found that whilst the current proposal of the Ministry of Justice meets various requirements for a functional system of whistleblower protection (e.g. by adopting a broad definition of a whistleblower and encouraging the importance of internal reporting), it does not fulfil the full potential of such a law.
Experts see the main problem with the nature of the external reporting authority (the “Agency”) that whistleblowers will turn to. It also has been proposed to simplify the distinction between types of reports, strengthen confidentiality measures and explicitly facilitate anonymous reporting.
It was also felt that proposal does not effectively transpose various provisions of the EU Directive 2019/1937 on whistleblower protection.
" Czechia,Delayed,27/07/2020,Jul 20,Current proposal on whistleblowing protection criticized by political parties and civil society,https://archiv.ihned.cz/c1-66796170-pirati-a-neziskovky-kritizuji-vladni-navrh-ochrany-whistlebloweru-nahlaseni-korupce-by-se-jim-mohlo-vymstit,"A new law on the protection of whistleblowers has been criticized by civil society organisations, the Pirates and opposition parties. A key concern is that the designated agency to handle reports will be subordinated directly to the Ministry of Justice. Lukáš Černohorský, head of the Czech Pirate party said“I am afraid, it will not gain the trust of its citizens.”","A new law on the protection of whistleblowers has been criticized by civil society organisations, the Pirates and opposition parties. A key concern is that the designated agency to handle reports will be subordinated directly to the Ministry of Justice.
Lukáš Černohorský, head of the Czech Pirate party said“I am afraid, it will not gain the trust of its citizens.”
" Czechia,Delayed,30/06/2020,Jun 20,Ministry of Justice presents new draft law on the protection of whistleblowers,https://www.ceska-justice.cz/2020/06/ministerstvo-poslalo-pripominek-zakon-whistleblowerech/,"The Ministry of Justice in the Czech Republic has presented a draft law on whistleblowing protections for public consultation. The comment procedure is to be open for 30 days, Deputy Minister Jeroným Tejc told the Press. The Czech legal system does currently not have a comprehensive whistleblowing framework. The new proposal introduces, among other things, new criminal offences, both for retaliation against whistleblowers of reporting knowingly false information.","The Ministry of Justice in the Czech Republic has presented a draft law on whistleblowing protections for public consultation. The comment procedure is to be open for 30 days, Deputy Minister Jeroným Tejc told the Press.
The Czech legal system does currently not have a comprehensive whistleblowing framework. The new proposal introduces, among other things, new criminal offences, both for retaliation against whistleblowers of reporting knowingly false information.
" Czechia,Delayed,30/05/2020,May 20,Minister of Justice pledges draft law on whistleblowing protection for September 2020,https://www.rekonstrukcestatu.cz/archiv-novinek/ministryne-spravedlnosti-prislibila-uspisit-projednani-zakona-o-ochrane-oznamovatelu-korupce,"The Czech Minister of Justice has recently pledged to introduce a legislative draft on whistleblowing protection by September 2020 in response to the civil society campaign. The commitment follows an appeal and joint statement of Rekonstrukce státu in coalition with other NGOs to support whistleblowers and to speed up the legislative process with the adoption of safe and effective internal whistleblowing channels. The Ministry of Justice has however promised to present the legislative draft since November 2019 and again in February, April and September of this year. An English translation of the Reconstruction of the State article reads: 'The newly proposed Anti-Corruption Whistleblower Protection Act should soon enter the interdepartmental round of comments. In response to a recommendation of the Rekonstrukce státu (Reconstruction of the State) initiative, the Justice Minister Marie Benešová promised to speed up the implementation of the European regulation. The new law should protect and support public administration staff who encounter wrongdoing in the workplace and are willing to blow the whistle. This anti-corruption measure could significantly improve the protection of the public interest and prevent uneconomic behaviour. Speeding up the adoption of the law that would protect whistleblowers reporting corruption was recommended to the government by Rekonstrukce státu in its Nezhasínat! (Don’t Switch Off the Lights!) project launched in early May. In order to address the impacts of the coronavirus pandemic, the state is spending hundreds of billions of public money and quickly buys protective equipment. That is why it’s now particularly important to strengthen transparency and prevent corruption in public administration. We made an appeal to the government to improve whistleblower protection as soon as possible and provide a tool that would make it possible to report corruption behaviour securely.” “There is currently no Czech law to comprehensively address whistleblower protection. Potential whistleblowers currently have no channels to report wrongdoing that would provide a guarantee of anonymity and prevent the risk of them being identified and retaliated against. That’s one of the reasons why employees as well civil servants blow the whistle only very rarely,” explains Marek Zelenka from the NGO Oživení who is Rekonstrukce státu’s expert on this issue. Justice Minister Marie Benešová has promised to speed up the discussion in response to our recommendation, committed to try to submit the whistleblower protection bill as soon as possible. “I agree that a regulation on the protection of whistleblowers who report corruption and other wrongdoings can save public money, prevent damage to the environment and protect other public interests. This regulation must therefore become part of the Czech legal environment as soon as possible” she said in a letter addressed to Rekonstrukce státu. Following the adoption of an EU Directive on whistleblowing, the government is required to transpose whistleblower protection legislation into Czech law by December 2021. So far, the process has been far from smooth. Even though the legislative plan expects a draft Bill to be submitted before September this year. “Given the expected length of the legislative process in the Parliament and the necessity of this legal regulation, I can promise that I will attempt to submit the bill earlier,” said minister Benešová. She also added that in the coming weeks, the draft proposal should be sent to the other ministries for comments. “We appreciate that Minister Benešová considers the whistleblower protection act a priority. Anti-corruption organisations will be ensuring that the state establishes a trustworthy body that whistleblowers will be able to turn to and that will effectively protect them against retaliation,” said Věnek Bonuš, an analyst at Rekonstrukce státu, in response to the letter.","The Czech Minister of Justice has recently pledged to introduce a legislative draft on whistleblowing protection by September 2020 in response to the civil society campaign. The commitment follows an appeal and joint statement of Rekonstrukce státu in coalition with other NGOs to support whistleblowers and to speed up the legislative process with the adoption of safe and effective internal whistleblowing channels.
The Ministry of Justice has however promised to present the legislative draft since November 2019 and again in February, April and September of this year.
An English translation of the Reconstruction of the State article reads:
'The newly proposed Anti-Corruption Whistleblower Protection Act should soon enter the interdepartmental round of comments. In response to a recommendation of the Rekonstrukce státu (Reconstruction of the State) initiative, the Justice Minister Marie Benešová promised to speed up the implementation of the European regulation.
The new law should protect and support public administration staff who encounter wrongdoing in the workplace and are willing to blow the whistle. This anti-corruption measure could significantly improve the protection of the public interest and prevent uneconomic behaviour. Speeding up the adoption of the law that would protect whistleblowers reporting corruption was recommended to the government by Rekonstrukce státu in its Nezhasínat! (Don’t Switch Off the Lights!) project launched in early May.
In order to address the impacts of the coronavirus pandemic, the state is spending hundreds of billions of public money and quickly buys protective equipment. That is why it’s now particularly important to strengthen transparency and prevent corruption in public administration.
We made an appeal to the government to improve whistleblower protection as soon as possible and provide a tool that would make it possible to report corruption behaviour securely.”
“There is currently no Czech law to comprehensively address whistleblower protection. Potential whistleblowers currently have no channels to report wrongdoing that would provide a guarantee of anonymity and prevent the risk of them being identified and retaliated against. That’s one of the reasons why employees as well civil servants blow the whistle only very rarely,” explains Marek Zelenka from the NGO Oživení who is Rekonstrukce státu’s expert on this issue.
Justice Minister Marie Benešová has promised to speed up the discussion in response to our recommendation, committed to try to submit the whistleblower protection bill as soon as possible.
“I agree that a regulation on the protection of whistleblowers who report corruption and other wrongdoings can save public money, prevent damage to the environment and protect other public interests. This regulation must therefore become part of the Czech legal environment as soon as possible” she said in a letter addressed to Rekonstrukce státu.
Following the adoption of an EU Directive on whistleblowing, the government is required to transpose whistleblower protection legislation into Czech law by December 2021.
So far, the process has been far from smooth. Even though the legislative plan expects a draft Bill to be submitted before September this year.
“Given the expected length of the legislative process in the Parliament and the necessity of this legal regulation, I can promise that I will attempt to submit the bill earlier,” said minister Benešová. She also added that in the coming weeks, the draft proposal should be sent to the other ministries for comments.
“We appreciate that Minister Benešová considers the whistleblower protection act a priority. Anti-corruption organisations will be ensuring that the state establishes a trustworthy body that whistleblowers will be able to turn to and that will effectively protect them against retaliation,” said Věnek Bonuš, an analyst at Rekonstrukce státu, in response to the letter.
" Czechia,Delayed,08/10/2019,Oct 19,Transposition of EU Directive on whistleblowing begins,https://korupce.cz/rada-eu-schvalila-smernici-o-ochrane-whistlebloweru/,Civil servants from the Ministry of Justice in the Czech Republic are preparing a bill on the transposition of the EU Directive on whistleblowing.,"In the Czech Republic, civil servants from the Ministry of Justice are preparing a bill on the transposition of the EU Directive on whistleblowing." Czechia,Not started,26/09/2019,Sep 19,Working group on whistleblower protection discusses transposition on EU Directive on whistleblowing,https://korupce.cz/pracovni-komise-k-whistleblowingu-projednala-moznosti-transpozice-navrhu-evropske-smernice-oochrane-oznamovatelu/,"The Czech Whistleblowing working group discussed possibilities for transposing the draft European Directive on whistleblowing into national law. The EU Council of Ministers must approve the Directive at the European level before transposition by the Ministry of Justice, which should take place in October this year.","The Czech Whistleblowing working group discussed possibilities for transposing the draft European Directive on whistleblowing into national law. The EU Council of Ministers must approve the Directive at the European level before transposition by the Ministry of Justice, which should take place in October this year.
" Denmark,Law adopted ,24/06/2021,Jun 21,Denmark adopts new whistleblowing law ,https://www.retsinformation.dk/eli/ft/202013L00213,"The Whistleblower Protection Act passed on 24 June 2021 makes Denmark the first EU Member State to adopt new legislation to implement the EU Directive on Whistleblowing. The law establishes a new whistleblowing reporting framework and protection from retaliation, which enter into force on the 17 December 2021, with certain provisions affecting employers in the private sector of between 50 and 249 employees being delayed until 2023. The law had been delayed during consultation period due to conflicting opinions on the approach Denmark should take to implement the Directive. The Act widens the scope of the Directive’s minimum standards by protecting reports of serious wrongdoing and violations of national, as well as breaches of EU Law, which has been a key issue facing Member States required to transpose the Directive. Another issue for policy makers when transposing the Directive has been the provisions affecting larger group companies which the EU Commission is apparently currently reconsidering. ","Denmark has adopted a new whistleblowing law.
The Whistleblower Protection Act passed on the 24th June 2021 makes Denmark the first EU Member State to adopt new legislation to implement the EU Directive on Whistleblowing.
The law establishes a new whistleblowing reporting framework and protection from retaliation, which enter into force on the 17th December 2021, with certain provisions affecting employers in the private sector of between 50 and 249 employees being delayed until 2023.
The law had been delayed during consultation period due to conflicting opinions on the approach Denmark should take to implement the Directive. The Act widens the scope of the Directive’s minimum standards by protecting reports of serious wrongdoing and violations of national, as well as breaches of EU Law, which has been a key issue facing Member States required to transpose the Directive. Another issue for policymakers when transposing the Directive has been the provisions affecting larger group companies which the EU Commission is apparently currently reconsidering.
" Denmark,Delayed,24/02/2021,Feb 21,Public consultation on a draft law to implement the EU Directive on whistleblowing begins,https://hoeringsportalen.dk/Hearing/Details/64864,The Ministry of Justice in Denmark has announced that a formal public consultation on a draft law to protect whistleblowers has opened as of 24 February 2021. Comments on a draft proposal to transpose the EU Directive on Whistleblowing are being invited from a list of stakeholder organisations until Wednesday 24 March 2021.,"The Ministry of Justice in Denmark has announced that a formal public consultation on a draft law to protect whistleblowers has opened as of 24 February 2021. Comments on a draft proposal to transpose the EU Directive on Whistleblowing are being invited from a list of stakeholder organisations until Wednesday 24 March 2021.
" Denmark,Delayed,30/12/2020,Dec 20,Government considering whistleblowing protection to extend to workplace sexual harassment,https://www.jdsupra.com/legalnews/denmark-aims-to-expand-whistleblower-77600/,"It has been reported that in Danish media that the government demonstrated a commitment to extending the scope of a new law to transpose the EU Directive on whistleblowing to including reports of sexual harassment in the workplace in a communication to its political parties. A draft Bill to implement the Directive is expected to be sent for public consultation in the next few weeks and then tabled to be discussed in March 2021 during the current parliamentary session. This would mean the public consultation will likely only be open for a few weeks.","It has been reported that in Danish media that the government demonstrated a commitment to extending the scope of a new law to transpose the EU Directive on whistleblowing to including reports of sexual harassment in the workplace in a communication to its political parties. A draft Bill to implement the Directive is expected to be sent for public consultation in the next few weeks and then tabled to be discussed in March 2021 during the current parliamentary session. This would mean the public consultation will likely only be open for a few weeks." Denmark,Delayed,14/08/2020,Aug 20,COVID-19 pandemic slows progress on transposing EU Directive on whistleblowing,,The COVID-19 pandemic has slowed the transposition of the EU Directive on whistleblowing in Denmark. The Ministry of Justice will meet with stakeholders in Autumn 2020 and is expected to have an implementation proposal ready in Spring 2021.,The COVID-19 pandemic has slowed the transposition of the EU Directive on whistleblowing in Denmark. The Ministry of Justice will meet with stakeholders in Autumn 2020 and is expected to have an implementation proposal ready in Spring 2021. Denmark,Not started,17/06/2020,Jun 20,No known progress on the transposition of EU Directive on Whistleblowing Protection,,"In the autumn of 2019, a number of stakeholders from the employment sectors participated in a meeting in the Danish Ministry of Justice concerning the implementation of the EU Directive on whistleblowing. On 17 June 2020, the Danish National Organisation of Municipalities informed the Whistleblowing International Network that they have not heard any more information about the transposition process since the meeting in autumn 2019. There have been taken no centrally organised steps concerning implementation with regard to the municipal sector. A few municipalities in Denmark already have a whistleblower mechanism of their own and some are considering putting one in place.","In the autumn of 2019, a number of stakeholders from the employment sectors participated in a meeting in the Danish Ministry of Justice concerning the implementation of the EU Directive on whistleblowing. On 17 June 2020, the Danish National Organisation of Municipalities informed the Whistleblowing International Network that they have not heard any more information about the transposition process since the meeting in autumn 2019. There have been taken no centrally organised steps concerning implementation with regard to the municipal sector. A few municipalities in Denmark already have a whistleblower mechanism of their own and some are considering putting one in place." Estonia,Delayed,16/12/2021,Dec 21,"New whistleblowing law progresses, sent to Parliament",https://www.just.ee/uudised/tooga-seotud-rikkumisest-teavitajaid-tuleb-tooalase-diskrimineerimise-eest-kaitsta,"A new draft whistleblowing protection law to transpose the EU Directive on whistleblowing has been approved by Government and sent to Parliament. It is estimated to come into force on 01 June 2022","A new draft whistleblowing protection law to transpose the EU Directive on whistleblowing has been approved by Government and sent to Parliament.
It is estimated to come into force on 01 June 2022
" Estonia,Delayed,06/12/2021,Dec 21,New whistleblowing law proceeds,https://eelnoud.valitsus.ee/main#rz3ikDqt,"A new law on whistleblower protection has been published in Estonia to transpose the EU Directive on Whistleblowing. The Bill has been made available online and will be sent from the Ministry of Justice to the Government. It is expected to be discussed on Anti-Corruption Day, 9 December 2022 and then sent to the Parliament shortly after. The Bill is scheduled for Parliamentary readings next year. Estonia therefore will not meet the 17 December 2021 Deadline for the Directive to be fully transposed. In the meantime, whistleblower protection experts will analyse the law.","A new law on whistleblower protection has been published in Estonia to transpose the EU Directive on Whistleblowing. The Bill has been made available online and will be sent from the Ministry of Justice to the Government. It is expected to be discussed on Anti-Corruption Day, 9 December 2022 and then sent to the Parliament shortly after.
The Bill is scheduled for Parliamentary readings next year. Estonia therefore will not meet the 17 December 2021 Deadline for the Directive to be fully transposed. In the meantime, whistleblower protection experts will analyse the law.
Civil society organisation Transparency International Estonia (Korruptsioonivaba Eesti) has published an opinion on the government's proposal for a new whistleblowing law to transpose the EU Directive on the protection of persons reporting breaches of Union law.
The report was submitted as a response to the consultation on the Bill organised by the Ministry of Justice and makes several observations, including:
The Directive must be fully transposed into all 27 member states law by the 17 December 2021.""
" Estonia,Delayed,11/08/2021,Aug 21,Consultation on Draft Whistleblowing Bill launched,https://www.just.ee/et/uudised/tooalaselt-teada-saadud-rikkumisest-teavitajad-saavad-edaspidi-kaitse,"The Ministry of Justice has sent a Draft Bill to transpose the EU Directive on whistleblowing to public consultation. Stakeholders and ministries, as well as the public, were invited to comment on a detailed intention or “Teavitaja kaitse seaduse seaduseelnõu väljatöötamise kavatsus” to implement the Directive into national law in September 2020. Almost a year later, the intention has been formed into a Draft Bill that the public can comment until September 8. Parliamentary discussions still await after this period. Whistleblower protection experts will now analyse the key provisions, which include: Expanding the material scope of protection to a wide range of breaches occurring in a course of work Prohibition of retaliation including for anonymous reports Penalties for use of coercive measures The Bill also emphasises penalties where a person reports knowingly false information, to protect organisations from ‘misreporting.’ Carina Paju, Executive Director of Transparency International Estonia, which have campaigned to raise awareness of the importance of robust whistleblowing protections since 2009 said: ""Overall, we are happy to see the Draft Bill expand the scope of the Directive to include protecting reporting of any illegal activity that people have witnessed in a workplace setting. Especially in a country with various views on whistleblowing, it is important to get the law right the first time - to break taboos and protect those who dare to raise their voice.""","The Ministry of Justice has sent a Draft Bill to transpose the EU Directive on whistleblowing to public consultation.
Stakeholders and ministries, as well as the public, were invited to comment on a detailed intention or “Teavitaja kaitse seaduse seaduseelnõu väljatöötamise kavatsus” to implement the Directive into national law in September 2020. Almost a year later, the intention has been formed into a Draft Bill that the public can comment until September 8. Parliamentary discussions still await after this period.
Whistleblower protection experts will now analyse the key provisions, which include:
The Bill also emphasises penalties where a person reports knowingly false information, to protect organisations from ‘misreporting.’
Carina Paju, Executive Director of Transparency International Estonia, which have campaigned to raise awareness of the importance of robust whistleblowing protections since 2009 said:
""Overall, we are happy to see the Draft Bill expand the scope of the Directive to include protecting reporting of any illegal activity that people have witnessed in a workplace setting. Especially in a country with various views on whistleblowing, it is important to get the law right the first time - to break taboos and protect those who dare to raise their voice.""
" Estonia,Delayed,01/09/2020,Sep 20,New proposal for whistleblowing law potentially adopts horizontal protection,http://transparency.ee/cm/uudised/kve-arvamus-teavitaja-kaitse-eelnou-vtk-le,"The Ministry of Justice in Estonia has sent a detailed intention to transpose the EU Directive on whistleblowing to other ministries and relevant stakeholders for consultation. The intention foresees drafting a new horizontal law that would protect whistleblowers (or 'reporting persons') who report on any kind of offence, widening the initial scope of the Directive. The document suggests that smaller local municipalities will also be obliged be set up (shared) reporting channels and that a separate reporting regulation should be developed in the areas of internal security and defence. Transparency International Estonia's which was invited to comment on the proposal has published its opinion online. All other feedback has been made available on the government website. It is expected the Ministry will consider further public consultation on the draft intention in 2021.","The Ministry of Justice in Estonia has sent a detailed intention to transpose the EU Directive on whistleblowing to other ministries and relevant stakeholders for consultation.
The intention foresees drafting a new horizontal law that would protect whistleblowers (or 'reporting persons') who report on any kind of offence, widening the initial scope of the Directive.
The document suggests that smaller local municipalities will also be obliged be set up (shared) reporting channels and that a separate reporting regulation should be developed in the areas of internal security and defence.
Transparency International Estonia's which was invited to comment on the proposal has published its opinion online. All other feedback has been made available on the government website.
It is expected the Ministry will consider further public consultation on the draft intention in 2021.
" Estonia,Delayed,22/07/2020,Jul 20,Draft Bill to transpose the EU Directive on whistleblowing underway,https://news.err.ee/1115523/state-developing-bill-to-protect-whistleblowers,"The Estonian Ministry of Justice is preparing to develop a draft Bill to transpose the EU Directive on Whistleblowing. In a press statement from July 2020, Estonian Minister of Justice Raivo Aeg said: ""A number of recent cases clearly show that whistleblowing can have unintended consequences. Creating information channels and providing legal protection contributes to the development of a transparent and open society, and it is certainly important for companies to solve their problems quickly and adequately.""","The Estonian Ministry of Justice is preparing to develop a draft Bill to transpose the EU Directive on Whistleblowing.
In a press statement from July 2020, Estonian Minister of Justice Raivo Aeg said:
""A number of recent cases clearly show that whistleblowing can have unintended consequences. Creating information channels and providing legal protection contributes to the development of a transparent and open society, and it is certainly important for companies to solve their problems quickly and adequately.""
" Finland,Delayed,21/10/2021,Oct 21,Whistleblowing law delayed as transposition deadline approaches,https://oikeusministerio.fi/hanke?tunnus=OM028:00/2018,"Progress of a new draft whistleblowing law has been delayed in Finland. The draft proposal was originally expected to be presented in Parliament in September but has been twice delayed and is now not estimated until the second week of December. The new law would implement the new EU Directive on whistleblowing (2019/1937) must be fully transposed before the 17th of December 2021; therefore, it is unlikely Finland will meet this deadline which will create a complicated situation for persons blowing the whistle on wrongdoing in Europe.","Progress of a new draft whistleblowing law has been delayed in Finland. The draft proposal was originally expected to be presented in Parliament in September but has been twice delayed and is now not estimated until the second week of December. The new law would implement the new EU Directive on whistleblowing (2019/1937) must be fully transposed before the 17th of December 2021; therefore, it is unlikely Finland will meet this deadline which will create a complicated situation for persons blowing the whistle on wrongdoing in Europe.
" Finland,Delayed,27/08/2021,Aug 21,Draft law on whistleblowing expected soon in Finland ,https://oikeusministerio.fi/hanke?tunnus=OM028:00/2018,"A new draft law to transpose the EU Directive on whistleblowing is soon expected in Finland. The Public consultation on the draft Government Bill drafted by the working group set up by the Ministry of Justice has now closed. The draft law is expected to be presented during week 39 / 43 of the parliamentary session. The Directive must be fully transposed before the official deadline of 17 December 2021. ","A new draft law to transpose the EU Directive on whistleblowing is soon expected in Finland. The Public consultation on the draft Government Bill drafted by the working group set up by the Ministry of Justice has now closed. The draft law is expected to be presented during week 39 / 43 of the parliamentary session. The Directive must be fully transposed before the official deadline of 17 December 2021.
" Finland,Delayed,04/03/2020,Mar 20,The Ministry of Justice establishes a working group on the transposition of the EU Directive on whistleblowing,https://oikeusministerio.fi/hanke?tunnus=OM028:00/2018,"The Finnish Ministry of Justice set up a national working group on the transposition of the Whistleblower Directive in February 2020 to allow for more formal consultation following informal meetings in November 2020. The working group, which comprises government and municipal officials, trade unions, and business associations, but not other civil society experts, held its first meeting on the 4th of March, 2020. The working group will assess whether it is necessary to draft a new law or make amendments to the existing law. The group is also assessing if the national scope should be broader than the minimum level in the Directive and which authority should be the right one to receive reports. The sub-working group, chaired by the Ministry of Employment and the Economy, is preparing draft legislation on labour law and employment. The term of office of the working groups was end be end late March 2021. Despite a draft Bill being originally expected by the end of 2020, the group will continue its work now its mandate has been extended until June 2021.","The Finnish Ministry of Justice set up a national working group on the transposition of the Whistleblower Directive in February 2020 to allow for more formal consultation following informal meetings in November 2020.
The working group, which comprises government and municipal officials, trade unions, and business associations, but not other civil society experts, held its first meeting on the 4th of March, 2020. The working group will assess whether it is necessary to draft a new law or make amendments to the existing law. The group is also assessing if the national scope should be broader than the minimum level in the Directive and which authority should be the right one to receive reports.
The sub-working group, chaired by the Ministry of Employment and the Economy, is preparing draft legislation on labour law and employment.
The term of office of the working groups was end be end late March 2021. Despite a draft Bill being originally expected by the end of 2020, the group will continue its work now its mandate has been extended until June 2021.
" France,Delayed,17/11/2012,Nov 12,Whistleblowing law passes first vote in French Parliament,https://loi.mlalerte.org/assemblee-nationale-la-loialerte-adoptee-en-premiere-lecture/,"A new draft whistleblower protection law to transpose the landmark EU Directive on Whistleblowing, proposed by MP Sylvain Waserman has been successfully adopted at its first reading in Parliament in France. Waserman is a French MP and is former Rapporteur on whistleblowing at the Council of Europe. The Bill, proposed by MP Sylvain Waserman was adopted at first reading on Wednesday 17 November. Whilst several proposed amendments to improve the already progressive Bill proposed by a coalition of civil society organisations organised by WIN Member Maison des Lancuer d’Alerte (The House of Whistleblowers) were largely endorsed by sitting parliamentarians, they were mostly not officially incorporated into the law. Progress was made on the following: Clarification of the procedure for authorities to conclude investigations to be specified by regulation (amendment tabled by MP Cécile Untermaier) The ability for the Défenseur des Droits (the Human Rights Defender) to refer whistleblowing cases to various other competent authorities (amendment tabled by MP Philippe Dunoyer) Increasing the duration of time allowed for maintaining anonymised data when handling whistleblowing reports (amendment by Sylvain Waserman, MP) Clarification on the guarantee of the independence of employer whistleblowing channels (amendment by MP Ugo Bernalicis) Provisions for the employer to pay additional financial support where the whistleblower's suffers a serious deterioration in his or her situation (amendments tabled by MPs Sylvain Waserman and Raphaël Gauvain) Specification of the ability for a judge to award advance financial payments to a whistleblower, including in cases where he or she subsequently loses whistleblower status (amendment tabled by MPs Sylvain Waserman and Raphaël Gauvain) Provisions for financial penalties for an employer who initiates a SLAPP (Strategic Litigation against Public Participation) lawsuit, including where a public prosecution is initiated by a complaint with civil party status before the investigating judge (Government amendment) Obligation on the Défenseur des Droits (Human Rights Defender) to decide on whistleblower status within a period of no more than 6 months. It should be remembered that the provisions of the ‘Waserman Bill’ already incorporated the minimum requirements of the EU Directive, including: removal of the requirement to report first internally to an employer prior to reporting to a competent authority; removal of the need for the whistleblower to be ‘désintéressé’ – having no personal interest reporting – which was a vague and complex criteria and thus a source of legal insecurity for whistleblowers; introduction of full criminal immunity for whistleblowers, including for any means they used to obtain information. The proposal also extends the protection of facilitators to include legal persons as well as natural persons (although in doing so it did not guarantee the same level of protections as individual reporting persons, nor source protection privilegeas NGOs and unions were asking for) The law must now pass through the Senate, which is anticipated to be more difficult. The deadline for France and all other 26 Member States of the EU to fully transpose the Directive is the 17 December 2021.","A new draft whistleblower protection law to transpose the landmark EU Directive on Whistleblowing, proposed by MP Sylvain Waserman has been successfully adopted at its first reading in Parliament in France.
Waserman is a French MP and is former Rapporteur on whistleblowing at the Council of Europe.
The Bill, proposed by MP Sylvain Waserman was adopted at first reading on Wednesday 17 November.
Whilst several proposed amendments to improve the already progressive Bill proposed by a coalition of civil society organisations organised by WIN Member Maison des Lancuer d’Alerte (The House of Whistleblowers) were largely endorsed by sitting parliamentarians, they were mostly not officially incorporated into the law. Progress was made on the following:
It should be remembered that the provisions of the ‘Waserman Bill’ already incorporated the minimum requirements of the EU Directive, including:
The proposal also extends the protection of facilitators to include legal persons as well as natural persons (although in doing so it did not guarantee the same level of protections as individual reporting persons, nor source protection privilegeas NGOs and unions were asking for)
The law must now pass through the Senate, which is anticipated to be more difficult.
The deadline for France and all other 26 Member States of the EU to fully transpose the Directive is the 17 December 2021.
" France,Delayed,20/10/2021,Oct 21,New whistleblowing law discussed in Parliament ,https://www.sylvainwaserman.fr/2021/10/07/rapporteur-de-mes-lois-sur-la-protection-des-lanceurs-dalerte/,"A new proposal to reform France’s whistleblower protection framework is progressing through Parliament. The Bill, filed by the former rapporteur on whistleblower protection at the Council of Europe, MP Sylvain Waserman, is currently under review by the “Commission des lois"" as of Wednesday 20 October 2021. The draft law will undergo three rounds of parliamentary hearings before an official opinion is issued on 10 November 2021. The Bill will then be voted on in the National Assembly on November 15 and then be passed to a vote in the Senate. NGO Maison des Lanceurs d’Alerte are following transposition and advocating for a robust implementation of the law to effectively protect whistleblowers in practice. ","A new proposal to reform France’s whistleblower protection framework is progressing through Parliament. The Bill, filed by the former rapporteur on whistleblower protection at the Council of Europe, MP Sylvain Waserman, is currently under review by the “Commission des lois"" as of Wednesday 20 October 2021.
The draft law will undergo three rounds of parliamentary hearings before an official opinion is issued on 10 November 2021. The Bill will then be voted on in the National Assembly on November 15 and then be passed to a vote in the Senate.
NGO Maison des Lanceurs d’Alerte are following transposition and advocating for a robust implementation of the law to effectively protect whistleblowers in practice.
" France,Delayed,21/07/2021,Jul 21,NGO calls for support for new whistleblowing Bill submitted to Parliament ,https://mlalerte.org/la-maison-des-lanceurs-dalerte-appelle-le-gouvernement-et-les-parlementaires-a-soutenir-la-proposition-de-loi-du-depute-sylvain-waserman/,"A proposed law to improve the protection of whistleblowers which seeks to transpose the EU Directive on whistleblowing has been submitted to Parliament in France. The proposed Bill, filed in the office of the National Assembly by Member of Parliament Sylvain Waserman (Modern group) maintains the provisions of the current whistleblowing law known as “Sapin 2” but addressed its main shortcomings and improves on the minimum standards of the Directive. Key changes include: Removing the need for whistleblowers to act ‘disinterestedly (good faith) Expanding immunities from criminal prosecutions of whistleblowers Reinforcing sanctions for retaliation with up to 3 years imprisonment A separate accompanying Bill will also strengthen the power of the Defender of Rights to receive whistleblowing reports and monitor implementation by the French Authorities. NGO Maison de Lanceur D’alerte (the House of the Whistleblower) is calling for the government and parliamentarians to support the Bill but continue to campaign for improvements to bring the proposal in line with international consensus on best practice principles: “By choosing an ambitious transposition, this bill responds to many demands of the House of Whistleblowers and constitutes a strong signal sent to whistleblowers as well as to the organizations that support them.”","A proposed law to improve the protection of whistleblowers which seeks to transpose the EU Directive on whistleblowing has been submitted to Parliament in France.
The proposed Bill, filed in the office of the National Assembly by Member of Parliament Sylvain Waserman (Modern group) maintains the provisions of the current whistleblowing law known as “Sapin 2” but addressed its main shortcomings and improves on the minimum standards of the Directive. Key changes include:
A separate accompanying Bill will also strengthen the power of the Defender of Rights to receive whistleblowing reports and monitor implementation by the French Authorities.
NGO Maison de Lanceur D’alerte (the House of the Whistleblower) is calling for the government and parliamentarians to support the Bill but continue to campaign for improvements to bring the proposal in line with international consensus on best practice principles:
“By choosing an ambitious transposition, this bill responds to many demands of the House of Whistleblowers and constitutes a strong signal sent to whistleblowers as well as to the organizations that support them.”
" France,Delayed,08/06/2021,Jun 21,Civil society coalition calls for support on petition for transposition of EU Directive on whistleblowing,https://loi.mlalerte.org/,"A coalition of 31 NGOs have called for civil society awareness and support for the EU directive on whistleblowing, which must be transposed before the end of the year. The campaign was initiated by Maison des Lanceurs d'Alerte (House of the Whistleblowers). The NGOs condemn the Government and Parliament’s slow pace transposing the directive and advocate for a law that effectively protects whistleblowers and guarantees that their disclosures are properly handled. The petition highlights the main flaws of the current law on whistleblowing in France “loi Sapin II” and asks the Government to approach transposition as an opportunity to improve the law, making 12 recommendations - including the creation of a support fund for whistleblowers as well as a single office to handle reports and provide whistleblowers with psychological and social support. The petition can be signed on the campaign website here.","A coalition of 31 NGOs have called for civil society awareness and support for the EU directive on whistleblowing, which must be transposed before the end of the year.
The campaign was initiated by Maison des Lanceurs d'Alerte (House of the Whistleblowers).
The NGOs condemn the Government and Parliament’s slow pace transposing the directive and advocate for a law that effectively protects whistleblowers and guarantees that their disclosures are properly handled.
The petition highlights the main flaws of the current law on whistleblowing in France “loi Sapin II” and asks the Government to approach transposition as an opportunity to improve the law, making 12 recommendations - including the creation of a support fund for whistleblowers as well as a single office to handle reports and provide whistleblowers with psychological and social support.
The petition can be signed on the campaign website here.
" France,Delayed,20/01/2021,Jan 21,Public consultation on the transposition of EU Directive on whistleblowing announced,https://s1.sphinxonline.net/surveyserver/s/ENQUETES-JUSTICE/Transposition_directive_lanceurs_alerte/questionnaire.htm,"The Ministry of Justice has announced a public consultation on the transposition of the EU Whistleblowing Directive. The Ministry has invited members or representatives of associations, NGOs, Unions and professional associations to respond with submissions on proposals to implement new French legislation. The consultation is open until March 21, 2021.","The Ministry of Justice has announced a public consultation on the transposition of the EU Whistleblowing Directive. The Ministry has invited members or representatives of associations, NGOs, Unions and professional associations to respond with submissions on proposals to implement new French legislation. The consultation is open until March 21, 2021." France,Not started,16/12/2020,Dec 20,New opinion paper on the transposition of EU Directive on whistleblowing published,https://juridique.defenseurdesdroits.fr/doc_num.php?explnum_id=20315,"The Ombuds institution - Le Défenseur des Droits - has delivered an opinion to Parliament on the implementation of an improved legal protection of whistleblowers in France. The Défenseur des Droits is the French ombudsman and a constitutional body assigned by law with the task of providing assistance to whistleblowers. Newly appointed ‘Defender of Rights’ Claire Hédon presented the position paper which details several innovative provisions to ensure effective protection of whistleblowers, urging the legislature to seize the unique opportunity during the transposition of the EU Directive on Whistleblowing to reform the current legal framework under by the current Sapin II law, and significantly strengthen the rights of those who speak up in the public interest.","The Ombuds institution - Le Défenseur des Droits - has delivered an opinion to Parliament on the implementation of an improved legal protection of whistleblowers in France.
The Défenseur des Droits is the French ombudsman and a constitutional body assigned by law with the task of providing assistance to whistleblowers.
Newly appointed ‘Defender of Rights’ Claire Hédon presented the position paper which details several innovative provisions to ensure effective protection of whistleblowers, urging the legislature to seize the unique opportunity during the transposition of the EU Directive on Whistleblowing to reform the current legal framework under by the current Sapin II law, and significantly strengthen the rights of those who speak up in the public interest.
" France,Not started,10/12/2020,Dec 20,Civil society calls for a progressive implementation of EU Directive on whistleblowing,https://www.liberation.fr/debats/2020/12/10/une-loi-pour-mieux-defendre-les-lanceurs-d-alerte_1807676/,"Whistleblowing NGO Maison des Lanceurs d'Alerte - the ‘House of the Whistleblower’ - have called for a timely and progressive transposition of the EU Directive on Whistleblowing. An op-ed published in the French national newspaper Libération discusses the need for reform of the current legal framework (the Sapin II law) and sets out key policy recommendations where new legislation should go beyond the minimum standards required by the Directive and effectively protect whistleblowers in practice. Recommendations include an expansion of the scope of the Directive, which protects persons reporting breaches of EU Law, to include anyone disclosing information on wrongdoing in the public interest, a strengthening of the Defender of Rights ombuds institution, and the creation of a financial support fund for whistleblowers.","Whistleblowing NGO Maison des Lanceurs d'Alerte - the ‘House of the Whistleblower’ - have called for a timely and progressive transposition of the EU Directive on Whistleblowing.
An op-ed published in the French national newspaper Libération discusses the need for reform of the current legal framework (the Sapin II law) and sets out key policy recommendations where new legislation should go beyond the minimum standards required by the Directive and effectively protect whistleblowers in practice.
Recommendations include an expansion of the scope of the Directive, which protects persons reporting breaches of EU Law, to include anyone disclosing information on wrongdoing in the public interest, a strengthening of the Defender of Rights ombuds institution, and the creation of a financial support fund for whistleblowers.
" France,Not started,25/09/2020,Sep 20,Whistleblower Protection at Work in Visegrad conference discusses French whistleblowing law,https://wpia.uni.lodz.pl/en/research/whistlepro,"An international online conference on Whistleblower Protection at Work in the Visegrad Group countries, France and Slovenia held by the University of Lodz took place on the 25th September 2020. Presentations were given by academics, public officials and civil society experts providing a comparative analysis of the Directive and current national frameworks in France, Slovenia, Hungary, Czech Republic, Poland and Slovakia – see the full programme here. This was the first planned “WhistlePro” conference aimed at improving whistleblower protections in the region and a second event is scheduled to take place in Prague in June 2021. You can watch a recording of the conference here.","An international online conference on Whistleblower Protection at Work in the Visegrad Group countries, France and Slovenia held by the University of Lodz took place on the 25th September 2020.
Presentations were given by academics, public officials and civil society experts providing a comparative analysis of the Directive and current national frameworks in France, Slovenia, Hungary, Czech Republic, Poland and Slovakia – see the full programme here. This was the first planned “WhistlePro” conference aimed at improving whistleblower protections in the region and a second event is scheduled to take place in Prague in June 2021.
You can watch a recording of the conference here.
" France,Not started,24/09/2020,Sep 20,Human rights authority supports progressive transposition of EU directive on whistleblowing,https://www.cncdh.fr/fr/actualite/avis-sur-la-transposition-de-la-directive-relative-la-protection-des-lanceurs-dalerte,"The National Consultative Commission on Human Rights or ‘Commission Nationale Consultative des Droit de L’Homme’ (CNCDH) has published its report on the transposition of the EU Directive on Whistleblowing into French Law. CNCDH’s opinion states protection should be extended to cover whistleblowers who disclose breaches of national law as well as EU law. It also recommends that the new law goes beyond the minimum requirements of the Directive including protecting disclosure to trade unions, provision of financial and psychological support for whistleblowers and granting asylum to foreign national whistleblowers.","The National Consultative Commission on Human Rights or ‘Commission Nationale Consultative des Droit de L’Homme’ (CNCDH) has published its report on the transposition of the EU Directive on Whistleblowing into French Law.
CNCDH’s opinion states protection should be extended to cover whistleblowers who disclose breaches of national law as well as EU law. It also recommends that the new law goes beyond the minimum requirements of the Directive including protecting disclosure to trade unions, provision of financial and psychological support for whistleblowers and granting asylum to foreign national whistleblowers.
" France,Not started,04/06/2020,Jun 20,Ombuds supports ambitious transposition of the EU Directive on whistleblowing,https://www.defenseurdesdroits.fr/fr/communique-de-presse/2020/06/le-defenseur-des-droits-appelle-a-une-transposition-ambitieuse-de-la,"The French Ombudsperson – the Défenseur des Droits has called for a progressive transposition of the EU Directive on Whistleblowing which implements provisions that go beyond the minimum standards required by the Directive. In a recent Report, the institution highlighted the need to clarify the role and protection of civil society organisations such as NGOs and unions in the whistleblowing framework. Other recommendations include extending the number and remit of several competent authorities to receive reports based on the subject matter of the concern, increased human and financial resources dedicated to the protection of whistleblowers, and the establishment of a specific whistleblowing framework for disclosures on matters of national security, defence and classified information.","The French Ombudsperson – the Défenseur des Droits has called for a progressive transposition of the EU Directive on Whistleblowing which implements provisions that go beyond the minimum standards required by the Directive.
In a recent Report, the institution highlighted the need to clarify the role and protection of civil society organisations such as NGOs and unions in the whistleblowing framework.
Other recommendations include extending the number and remit of several competent authorities to receive reports based on the subject matter of the concern, increased human and financial resources dedicated to the protection of whistleblowers, and the establishment of a specific whistleblowing framework for disclosures on matters of national security, defence and classified information.
" France,Not started,21/01/2020,Jan 20,Draft Bill to transpose EU Directive on whistleblowing published,https://www.assemblee-nationale.fr/dyn/15/dossiers/protection_effective_lanceurs_alerte,"A new draft law to transpose the EU Directive on Whistleblowing has been presented to the Law Commission in France. The Bill tabled on 21 January 2021, includes provisions for the establishment of a General Inspectorate for the Protection of Whistleblowers attached to the Defender of Rights Ombuds institution, the ‘Défenseur des Droits.’ The Law Commission adopted the Bill following several amendments.","A new draft law to transpose the EU Directive on Whistleblowing has been presented to the Law Commission in France.
The Bill tabled on 21 January 2021, includes provisions for the establishment of a General Inspectorate for the Protection of Whistleblowers attached to the Defender of Rights Ombuds institution, the ‘Défenseur des Droits.’
The Law Commission adopted the Bill following several amendments.
" Germany,Delayed,26/11/2021,Nov 21,, https://www.whistleblower-net.de/online-magazin/2021/11/25/koalitionsvertag-2021-whistleblowing/,"The upcoming coalition Government in Germany has published a detailed statement on it's priorities, which contains a commitment to a responsible transposition of the EU Directive on Whistleblowing. Confirming that the new approach to implementing the Directive will be both legally secure and practicable in that whistleblowers will be protected from retaliation not only when reporting breaches of EU law, but also significant breaches of regulations or other significant misconduct, the disclosure of which is in the significant public interest. The aim, they said, was to improve the enforceability of whistleblower rights and were currently considering providing for support measures to include advice services and financial support. This change in approach is welcomed by whistleblowing rights champions who were concerned the Directive would be minimally implemented with a verbatim or ""1:1"" implementation. For now, it remains to be seen to what extent the directive's provisions will be expanded to cover reporting of national law, i.e. reporting of criminal offences and corporate liability. It appears that reports of unethical malpractice which is not technically a breach of the law may be protected. There are also plans to create an independent supervisory body for disputes on classified information. Whilst protection under the law my not be extended to all disclosure, potential whistleblowers of official state secrets would at least have a point of contact. NGO Whistleblower Netzwerk are positive about the development as such an approach would be at least in part in line with civil society campaign for the law to meet international best practice principles. The Ministry of Justice, which is responsible for the transposition, will in future be led by the liberal business party, FDP, and it remains to be seen in what form the coalition agreement will be implemented. ","The upcoming coalition Government in Germany has published a detailed statement on it's priorities, which contains a commitment to a responsible transposition of the EU Directive on Whistleblowing. Confirming that the new approach to implementing the Directive will be both legally secure and practicable in that whistleblowers will be protected from retaliation not only when reporting breaches of EU law, but also significant breaches of regulations or other significant misconduct, the disclosure of which is in the significant public interest. The aim, they said, was to improve the enforceability of whistleblower rights and were currently considering providing for support measures to include advice services and financial support.
This change in approach is welcomed by whistleblowing rights champions who were concerned the Directive would be minimally implemented with a verbatim or ""1:1"" implementation.
For now, it remains to be seen to what extent the directive's provisions will be expanded to cover reporting of national law, i.e. reporting of criminal offences and corporate liability. It appears that reports of unethical malpractice which is not technically a breach of the law may be protected.
There are also plans to create an independent supervisory body for disputes on classified information. Whilst protection under the law my not be extended to all disclosure, potential whistleblowers of official state secrets would at least have a point of contact.
NGO Whistleblower Netzwerk are positive about the development as such an approach would be at least in part in line with civil society campaign for the law to meet international best practice principles.
The Ministry of Justice, which is responsible for the transposition, will in future be led by the liberal business party, FDP, and it remains to be seen in what form the coalition agreement will be implemented.
" Germany,Delayed,29/04/2021,Apr 21,Civil Society alarmed at failure of whistleblowing law,https://www.whistleblower-net.de/online-magazin/2021/04/29/pressemitteilung-verbaende-kritisieren-scheitern-von-whistleblowing-gesetz/,"A civil society coalition of NGOs in Germany has criticised the failure of a new draft whistleblower protection law to transpose the EU Directive on whistleblowing. The organizations Whistleblower-Network, Transparency International Germany and the Society for Civil Liberties have published this statement raising the alarm about the failure of the draft law, and demanding a comprehensive transposition of the EU Directive on the protection of whistleblowers. The Federal Ministry of Justice led by the Social Democratic Party (SPD) had presented the draft law in December 2020, which has now been rejected by the CDU/CSU party because the draft provisions went beyond the minimal EU requirements. This means that the opportunity to enshrine comprehensive protection for whistleblowers in law before the end of the current legislative period has probably been missed. Due to its limited legislative competency, the European Union was restricted to drafting a Directive only to cover the protection of whistleblowers in the area of EU regulations. The Commission has however repeatedly encouraged Member States to introduce provisions that extend the scope of protections to cover breaches of national law to ensure a comprehensive and coherent framework. Whistleblowing protection experts have been concerned that EU governments are still considering taking a minimal verbatim approach to implementing the Directive creating a hybrid system which absurdly would provide better protection of whistleblowers raising minor breaches over EU law than those reporting serious offences under solely German law. Some legal experts have also argued this absurdity would not be justifiable under the constitutional protection of equality. The central argument of the CDU/CSU party in rejecting the Bill is a supposed burden it would place on companies, despite civil society having long highlighted the business case for strong whistleblowing protection which prevent loss, reduce costs, increase incentives for investment and prevent scandals such as Wirecard. Further, clear rules through a broad scope of application are in the interest of those required to establish whistleblowing channels under the new legal requirements. Especially since a wider scope of application does not change anything about the obligation to set up whistleblowing channels as prescribed by the EU, which is why an extension of the scope of application of the law would hardly cause any additional cost.","A civil society coalition of NGOs in Germany has criticised the failure of a new draft whistleblower protection law to transpose the EU Directive on whistleblowing.
The organizations Whistleblower-Network, Transparency International Germany and the Society for Civil Liberties have published this statement raising the alarm about the failure of the draft law, and demanding a comprehensive transposition of the EU Directive on the protection of whistleblowers.
The Federal Ministry of Justice led by the Social Democratic Party (SPD) had presented the draft law in December 2020, which has now been rejected by the CDU/CSU party because the draft provisions went beyond the minimal EU requirements. This means that the opportunity to enshrine comprehensive protection for whistleblowers in law before the end of the current legislative period has probably been missed.
Due to its limited legislative competency, the European Union was restricted to drafting a Directive only to cover the protection of whistleblowers in the area of EU regulations. The Commission has however repeatedly encouraged Member States to introduce provisions that extend the scope of protections to cover breaches of national law to ensure a comprehensive and coherent framework. Whistleblowing protection experts have been concerned that EU governments are still considering taking a minimal verbatim approach to implementing the Directive creating a hybrid system which absurdly would provide better protection of whistleblowers raising minor breaches over EU law than those reporting serious offences under solely German law. Some legal experts have also argued this absurdity would not be justifiable under the constitutional protection of equality.
The central argument of the CDU/CSU party in rejecting the Bill is a supposed burden it would place on companies, despite civil society having long highlighted the business case for strong whistleblowing protection which prevent loss, reduce costs, increase incentives for investment and prevent scandals such as Wirecard. Further, clear rules through a broad scope of application are in the interest of those required to establish whistleblowing channels under the new legal requirements. Especially since a wider scope of application does not change anything about the obligation to set up whistleblowing channels as prescribed by the EU, which is why an extension of the scope of application of the law would hardly cause any additional cost.
" Germany,Delayed,04/02/2021,Feb 21,Civil society alarmed at employers association push for minimal transposition of EU Directive on whistleblowing,https://www.whistleblower-net.de/online-magazin/2021/02/04/bda-fordert-verfassungswidrige-und-unionsrechtswidrige-umsetzung-der-eu-whistleblowing-richtlinie/,"The Federal Association of Germany Employers have published a position paper on the transposition of the EU Directive on Whistleblowing despite clear recommendations to expand the scope of the Directive from EU institutions, legal experts and civil society. The paper also calls for whistleblowing disclosures to be reported first to internal reporting channels despite the Directive explicitly requiring protection of direct external reporting to competent authorities.","The Federal Association of Germany Employers have published a position paper on the transposition of the EU Directive on Whistleblowing despite clear recommendations to expand the scope of the Directive from EU institutions, legal experts and civil society.
The paper also calls for whistleblowing disclosures to be reported first to internal reporting channels despite the Directive explicitly requiring protection of direct external reporting to competent authorities.
" Germany,Delayed,15/12/2020,Dec 20,Government SPD party publishes position paper on the transposition of the EU Directive on whistleblowing,https://www.spdfraktion.de/presse/pressemitteilungen/whistleblower-besser-schuetzen,"The Social Democrats (SPD), as one of two ruling parties in the German Federal Government, published a position paper “Whistleblower besser schützen” (better protection for whistleblowers). To a great extent, the SPD position is much in line with the demands of German NGO Whistleblower-Netzwerk e.V. The SPD parliamentary group demands an extension of the scope of protection to the disclosure of wrongdoing, not only of breaches of the law. The main criticism of the paper is the lack of protection for whistleblowers working in national security.","The Social Democrats (SPD), as one of two ruling parties in the German Federal Government, published a position paper “Whistleblower besser schützen” (better protection for whistleblowers).
To a great extent, the SPD position is much in line with the demands of German NGO Whistleblower-Netzwerk e.V. The SPD parliamentary group demands an extension of the scope of protection to the disclosure of wrongdoing, not only of breaches of the law. The main criticism of the paper is the lack of protection for whistleblowers working in national security.
" Germany,Delayed,12/12/2020,Dec 20,Ministry of Justice drafts law to transpose EU Directive on whistleblowing,https://www.sueddeutsche.de/politik/whistleblower-schutz-lambrecht-1.5145688,"The German Minister of Justice Christine Lambrecht (SPD) has, apparently, sent a first draft law to other Federal Ministries, which is exclusively available to one German newspaper. According to an article in Süddeutsche Zeitung, the Ministry wants to expand the scope of the Directive, at least to a certain degree. Experts have said that there are still some serious shortcomings with the proposal e.g. there is no obligation to carry out investigations following anonymous reports and disclosure of classified information is not covered. That draft is understood to be this version: Referentenentwurf des Bundesministeriums der Justiz und für Verbraucherschutz. Important details are still missing, as other Ministries have not yet delivered their contributions.","The German Minister of Justice Christine Lambrecht (SPD) has, apparently, sent a first draft law to other Federal Ministries, which is exclusively available to one German newspaper.
According to an article in Süddeutsche Zeitung, the Ministry wants to expand the scope of the Directive, at least to a certain degree. Experts have said that there are still some serious shortcomings with the proposal e.g. there is no obligation to carry out investigations following anonymous reports and disclosure of classified information is not covered.
That draft is understood to be this version: Referentenentwurf des Bundesministeriums der Justiz und für Verbraucherschutz. Important details are still missing, as other Ministries have not yet delivered their contributions.
" Germany,Delayed,19/11/2020,Nov 20,Minister of Justice announces support for an extensive draft law to transpose EU Directive on whistleblowing,https://www.morgenpost.de/politik/article230945194/Christine-Lambrecht-Der-Staat-muss-zeigen-wer-das-Gewaltmonopol-hat.html,"In a press interview, German Minister of Justice Christine Lambrecht (Social Democrats Party) announced that her ministry supports an extensive draft law on the protection of whistleblowers in Germany. She wants to expand the scope of the EU Whistleblowing Directive, so that protection will also cover violations of German law. This would implement a demand that German civil society such as NGO Whistleblower-Network e.V. have long called for. Other ministries involved in the implementation still strive for a 1:1 transposition of the Directive.","In a press interview, German Minister of Justice Christine Lambrecht (Social Democrats Party) announced that her ministry supports an extensive draft law on the protection of whistleblowers in Germany. She wants to expand the scope of the EU Whistleblowing Directive, so that protection will also cover violations of German law. This would implement a demand that German civil society such as NGO Whistleblower-Network e.V. have long called for. Other ministries involved in the implementation still strive for a 1:1 transposition of the Directive." Germany,Delayed,23/10/2020,Oct 20,Opinion paper on the transposition of EU Directive on whistleblowing published by NGOs Reporters Without Borders and Whistleblowerz-Netzwerk e.v.,https://www.whistleblower-net.de/wp-content/uploads/2020/10/201023_Position-Pressefreiheit-Whistleblowing_WBN-RSF_final.pdf,"An expert position paper on whistleblower protection has been jointly published by NGOs Reporters Without Borders and Whistleblowerz-Netzwerk e.v. to mark the anniversary of the EU Directive on whistleblowing entering into force on the 19th of October 2019. The paper highlights the lack of progress of transposition in Germany to date. It calls for freedom of expression and freedom of the press to be a priority in the implementation, making key recommendations concerning the scope of the new protections, which continues to be a matter of heated discussion between German policymakers.","An expert position paper on whistleblower protection has been jointly published by NGOs Reporters Without Borders and Whistleblowerz-Netzwerk e.v. to mark the anniversary of the EU Directive on whistleblowing entering into force on the 19th of October 2019.
The paper highlights the lack of progress of transposition in Germany to date. It calls for freedom of expression and freedom of the press to be a priority in the implementation, making key recommendations concerning the scope of the new protections, which continues to be a matter of heated discussion between German policymakers.
" Germany,Delayed,10/10/2020,Oct 20,Trade Union Confederation publishes report on the implementation of the EU Directive on Whistleblowing,https://www.dgb.de/themen/++co++01fcd244-d272-11ea-8226-001a4a16011a,"An expert opinion on whistleblowing protections, commissioned by the German Trade Union Confederation, DGB, has been published recommending the Directive on Whistleblowing be transposed to create a comprehensive and coherent legal framework in Germany. The report and its 53 Recommendations can be read here.","An expert opinion on whistleblowing protections, commissioned by the German Trade Union Confederation, DGB, has been published recommending the Directive on Whistleblowing be transposed to create a comprehensive and coherent legal framework in Germany.
The report and its 53 Recommendations can be read here.
" Germany,Delayed,05/08/2020,Aug 20,Civil society coalition publishes open letter calling for full transposition of EU Directive on Whistleblowing,https://www.whistleblower-net.de/wp-content/uploads/2020/08/Offener-Brief_August-20_Final_mit_Verteiler_ohne_Sperrfrist.pdf,A coalition of civil society organisations have published an open letter calling on the Federal Government to fully transpose the EU Directive on Whistleblowing into national law and warning of the risks of a minimal 1:1 or verbatim transposition.,"A coalition of civil society organisations have published an open letter calling on the Federal Government to fully transpose the EU Directive on Whistleblowing into national law and warning of the risks of a minimal 1:1 or verbatim transposition.
" Germany,Delayed,17/04/2020,Apr 20,Stakeholders against the current approach to transpose EU Directive on whistleblowing,https://www.whistleblower-net.de/online-magazin/2020/04/17/interessenvertreter-gegen-whistleblowerschutz/,"Germany' NGO Whistleblower Netzwerk e.v. has published details of the governing coalitions infighting between the SPD's Ministry of Justice and CDU's Ministry of Economics. Apparently, the Ministry of Economics is attempting to block the efforts of the Ministry of Justice to create an expansive whistleblower protection law during the transposition of the EU Directive on Whistleblowing.","Germany' NGO Whistleblower Netzwerk e.v. has published details of the governing coalitions infighting between the SPD's Ministry of Justice and CDU's Ministry of Economics.
Apparently, the Ministry of Economics is attempting to block the efforts of the Ministry of Justice to create an expansive whistleblower protection law during the transposition of the EU Directive on Whistleblowing.
" Greece,Delayed,04/08/2021,Aug 21,Progress on new whistleblowing law slows and lacks transparency ,https://www.hellenicparliament.gr/UserFiles/67715b2c-ec81-4f0c-ad6a-476a34d732bd/11710497.pdf,"The introduction of a new whistleblower protection law has been delayed in Greece. The legal reforms necessary for Greece to implement the EU Directive on Whistleblowing (2019/1937) have lacked transparency and inclusiveness according to civil society organisations working to ensure the government uses the transposition process to introduce robust and effective protection in the country. The tenure of the Committee responsible for the development of the new draft law had its tenure extended on 18 June until 15 November 2021, just one month before the deadline for the Directive to be fully transposed in all member states, leaving little time for proper public consolation on the proposals which must also be debated and voted on in Parliament to meet the 17 December 2021 deadline. On the 14 July 2021, 48 Members of the opposition filed a question in Parliament on transposition progress. Among the questions posed, MPs asked why the Committee set up by the Ministry of Justice to prepare the draft law has not informed or consulted the civil society organizations about their work and whether the Committee estimated to conclude its work on time in order for the government to introduce the new law to Parliament before December 17. Minister of Justice Konstantinos Tsiaras published his response, stating ""the Committee can not at this stage proceed in the provision or publication of any data, given that these are being processed by its members"".","The introduction of a new whistleblower protection law has been delayed in Greece. The legal reforms necessary for Greece to implement the EU Directive on Whistleblowing (2019/1937) have lacked transparency and inclusiveness according to civil society organisations working to ensure the government uses the transposition process to introduce robust and effective protection in the country.
The tenure of the Committee responsible for the development of the new draft law had its tenure extended on 18 June until 15 November 2021, just one month before the deadline for the Directive to be fully transposed in all member states, leaving little time for proper public consolation on the proposals which must also be debated and voted on in Parliament to meet the 17 December 2021 deadline.
On the 14 July 2021, 48 Members of the opposition filed a question in Parliament on transposition progress. Among the questions posed, MPs asked why the Committee set up by the Ministry of Justice to prepare the draft law has not informed or consulted the civil society organizations about their work and whether the Committee estimated to conclude its work on time in order for the government to introduce the new law to Parliament before December 17.
Minister of Justice Konstantinos Tsiaras published his response, stating ""the Committee can not at this stage proceed in the provision or publication of any data, given that these are being processed by its members"".
" Greece,Delayed,25/05/2021,May 21,Civil society recommends legal reform strengthen whistleblowing protection ,http://www.opengov.gr/minlab/?p=4977,"Civil society in Greece have published recommendations to strengthen whistleblowing protection provisions within new draft legislation to introduce new labor protections. Public consultation has now been completed on a draft law on labor protection – establishment of an independent authority seeks to transpose EU Directive 2019/1158. TI Greece have provided comments on the framework which draw on key principles of the EU Directive on whistleblowing (EU Directive 2019/1937) which also must be transposed into Greek law by 17 December 2021. See Transparency International Greece’s recommendations which highlight the need for consistency in whistleblowing protection across the legal system. In particular, the importance of reversing the burden of proof in retaliation claims. All responses received will now be examined by the Minister of Labor and Social Affairs to finalise the draft text of the Bill.","Civil society in Greece have published recommendations to strengthen whistleblowing protection provisions within new draft legislation to introduce new labor protections. Public consultation has now been completed on a draft law on labor protection – establishment of an independent authority seeks to transpose EU Directive 2019/1158. TI Greece have provided comments on the framework which draw on key principles of the EU Directive on whistleblowing (EU Directive 2019/1937) which also must be transposed into Greek law by 17 December 2021.
See Transparency International Greece’s recommendations which highlight the need for consistency in whistleblowing protection across the legal system. In particular, the importance of reversing the burden of proof in retaliation claims.
All responses received will now be examined by the Minister of Labor and Social Affairs to finalise the draft text of the Bill.
" Greece,Delayed,11/11/2020,Nov 20,Civil society coalition formed to advocate for stronger whistleblowing protection,https://www.transparency.gr/επιστολη-προσκληση/,"NGO’s Transparency International Greece, Vouliwatch and Reporters United have formed a civil society coalition to advocate for the Government to open up the transposition of the EU Directive on whistleblowing and accept input from a wide range of stakeholders in order to create a strong protection framework for whistleblowers. More than 20 Civil Society Organisations have signed a joint letter sent to the Prime Minister and Minister of State and the Minister of Justice.","NGO’s Transparency International Greece, Vouliwatch and Reporters United have formed a civil society coalition to advocate for the Government to open up the transposition of the EU Directive on whistleblowing and accept input from a wide range of stakeholders in order to create a strong protection framework for whistleblowers.
More than 20 Civil Society Organisations have signed a joint letter sent to the Prime Minister and Minister of State and the Minister of Justice.
" Greece,Delayed,11/09/2020,Sep 20,NGO sends Report on whistleblowing protection to government officials,https://www.transparency.gr/wp-content/uploads/2020/09/%CE%9A%CE%B5%CE%AF%CE%BC%CE%B5%CE%BD%CE%BF-%CE%98%CE%AD%CF%83%CE%B5%CF%89%CE%BD-%CE%94%CE%94-%CE%95_WHISTLEBLOWING_7_9_20.pdf,"NGO Transparency International Greece has sent its latest report which advocates for the strongest implementation of the EU Directive on Whistleblowing into the Greek legal system. ""Effective Integration of the EU Directive on the Protection of Whistleblowers, Analysis and Proposals of DD-E "" was sent directly to the Minister of Justice, Mr. Costas Tsiaras, Mr. Nikolaos Koutsoukos, Chairman of the relevant Legislative Drafting Committee and Mr. Akis Skertso, the Deputy Minister in charge of coordinating transposition in Greece.","NGO Transparency International Greece has sent its latest report which advocates for the strongest implementation of the EU Directive on Whistleblowing into the Greek legal system.
""Effective Integration of the EU Directive on the Protection of Whistleblowers, Analysis and Proposals of DD-E "" was sent directly to the Minister of Justice, Mr. Costas Tsiaras, Mr. Nikolaos Koutsoukos, Chairman of the relevant Legislative Drafting Committee and Mr. Akis Skertso, the Deputy Minister in charge of coordinating transposition in Greece.
" Greece,Delayed,20/06/2020,Jun 20,Government establishes a committee to prepare a draft law on the transposition of the EU Directive on whistleblowing,https://diavgeia.gov.gr/decision/view/%CE%A81%CE%96%CE%A0%CE%A9-%CE%9D%CE%9C%CE%A9,"The Greek government has established a special legal drafting committee for the preparation of a draft law to transpose the EU Directive on whistleblowing (EU Directive 2019/1937) into national law. The committee comprises judges, academics, national authorities and ministers as well as legal experts but it is not clear whether it will seek input from civil society in Greece.","The Greek government has established a special legal drafting committee for the preparation of a draft law to transpose the EU Directive on whistleblowing (EU Directive 2019/1937) into national law. The committee comprises judges, academics, national authorities and ministers as well as legal experts but it is not clear whether it will seek input from civil society in Greece.
" Hungary,Not started,05/05/2021,May 21,Civil society alarmed at lack of progress on the transposition of the EU Directive on Whistleblowing,https://blog.atlatszo.hu/2021/05/kozerdeku-bejelentok-vedelme-kepesek-leszunk-felnoni-a-feladathoz/,"NGO Atlatszo has published an analysis highlighting the lack of progress on the transposition of the EU Directive on Whistleblowing in Hungary. A recent progress report “Are EU Governments taking whistleblower protection seriously?” from Transparency International and the Whistleblowing International Network looked at the legislative developments across 27 EU Member States as well as transparency and inclusiveness of the process. It has found that 14 months into the two-year time frame to transpose the Directive, Hungary has made little no known progress or at least no information has been made publicly available. Hungary has had whistleblowing protection legislation since 2013. Civil society is monitoring the Governments approach to implementing the EU Directive. Transparency International has published comments on the current framework which needs to be reformed to meet the minimum standards of the Directive.","NGO Atlatszo has published an analysis highlighting the lack of progress on the transposition of the EU Directive on Whistleblowing in Hungary. A recent progress report “Are EU Governments taking whistleblower protection seriously?” from Transparency International and the Whistleblowing International Network looked at the legislative developments across 27 EU Member States as well as transparency and inclusiveness of the process. It has found that 14 months into the two-year time frame to transpose the Directive, Hungary has made little no known progress or at least no information has been made publicly available.
Hungary has had whistleblowing protection legislation since 2013. Civil society is monitoring the Governments approach to implementing the EU Directive. Transparency International has published comments on the current framework which needs to be reformed to meet the minimum standards of the Directive.
" Ireland,Delayed,09/12/2021,Dec 21,Watchdog urges government to better protect whistleblowers,https://www.thejournal.ie/gsoc-whistleblowers-event-ireland-5624045-Dec2021/,"The Garda Síochána Ombudsman Commission (GSOC) has called on the Government in Ireland to pass legislation which will give better protection of whistleblowers and introduce a new dedicated office to handle whistleblowing. Ireland must transpose the EU Directive on Whistleblowing into national law which requires significant reforms of the current Public Disclosure Act legislation adopted in 2014. GSOC is currently hosting a two day virtual conference of the NEIWA Network (of European Integrity and Whistleblowing Agencies) which have published recommendations on the implementation of the Directive across all 27 Member of the EU.","The Garda Síochána Ombudsman Commission (GSOC) has called on the Government in Ireland to pass legislation which will give better protection of whistleblowers and introduce a new dedicated office to handle whistleblowing.
Ireland must transpose the EU Directive on Whistleblowing into national law which requires significant reforms of the current Public Disclosure Act legislation adopted in 2014.
GSOC is currently hosting a two day virtual conference of the NEIWA Network (of European Integrity and Whistleblowing Agencies) which have published recommendations on the implementation of the Directive across all 27 Member of the EU.
" Ireland,Delayed,10/10/2021,Oct 21,Whistleblowing law reform discussed in media ,https://www.irishexaminer.com/opinion/commentanalysis/arid-40713071.html,"Irelands approach to implementing the EU Directive on Whistleblowing EU Dir 2019/1937) has received attention in the media with two articles in the Irish Examiner Paper discussing the importance of robust protection and where the current draft proposals to reform the Irish whistleblower protection framework under the Protected Disclosures Act 2017 (PDA) may fall short. Whistleblower law is silent on areas crying out for reform analyses the gaps in the previous legislation and the areas of concerns for the proposals currently under consideration stating: “…the outline of his amendment bill designed to satisfy this transposition of EU law, it was silent on those areas crying out for reform. Instead, it appears to be an attempt to kibosh many sound existing provisions, introduce new retrograde ones, and silence future whistleblowing.” The opinion piece also highlights the EU Directives “Non-Regression clause” (Article 25) which was supposed to stop EU Member States, which all must transpose the Directive before the 17 December 2021, lowering standards during reforms and three key ways it is feared new Amendment Bill does just that. Whistleblowers Bill will put burden of proof onto the employer written by Michael McGrath is the Minister for Public Expenditure and Reform and a Fianna Fáil TD for Cork South Central discusses his remit and role to strengthen the current whistleblowing framework and highlights how the proposed Amendment Bill will strengthen the PDA legislation, including highlighting the importance of a reversed burden of evidential proof in whistleblowing retaliation cases which has been introduced by the Directive to resolves the disparity in arms between employers and whistleblowers. The proposed Amendment Bill and further information can be found here","Irelands approach to implementing the EU Directive on Whistleblowing EU Dir 2019/1937) has received attention in the media with two articles in the Irish Examiner Paper discussing the importance of robust protection and where the current draft proposals to reform the Irish whistleblower protection framework under the Protected Disclosures Act 2017 (PDA) may fall short.
Whistleblower law is silent on areas crying out for reform analyses the gaps in the previous legislation and the areas of concerns for the proposals currently under consideration stating:
“…the outline of his amendment bill designed to satisfy this transposition of EU law, it was silent on those areas crying out for reform.
Instead, it appears to be an attempt to kibosh many sound existing provisions, introduce new retrograde ones, and silence future whistleblowing.”
The opinion piece also highlights the EU Directives “Non-Regression clause” (Article 25) which was supposed to stop EU Member States, which all must transpose the Directive before the 17 December 2021, lowering standards during reforms and three key ways it is feared new Amendment Bill does just that.
Whistleblowers Bill will put burden of proof onto the employer written by Michael McGrath is the Minister for Public Expenditure and Reform and a Fianna Fáil TD for Cork South Central discusses his remit and role to strengthen the current whistleblowing framework and highlights how the proposed Amendment Bill will strengthen the PDA legislation, including highlighting the importance of a reversed burden of evidential proof in whistleblowing retaliation cases which has been introduced by the Directive to resolves the disparity in arms between employers and whistleblowers.
The proposed Amendment Bill and further information can be found here
" Ireland,Delayed,13/05/2021,May 21,Bill of amendments to transpose EU Directive on Whistleblowing published,https://www.gov.ie/en/press-release/d263a-minister-mcgrath-publishes-general-scheme-of-protected-disclosures-amendment-bill/,"The Minister for Public Expenditure and Reform has published the General Scheme of the Protected Disclosures (Amendment) Bill following approval by the Government earlier this week. The Bill aims to transpose the EU Directive on Whistleblowing into Irish law. The proposed amendments will further strengthen the protections under the current whistleblowing legislation - the Protected Disclosure Act of 2014. The department has published a press statement that outlines how the new provisions will enhance the framework in Ireland including the proposed establishment of an Office of the Ombudsman to support the implementation of the new law.","The Minister for Public Expenditure and Reform has published the General Scheme of the Protected Disclosures (Amendment) Bill following approval by the Government earlier this week.
The Bill aims to transpose the EU Directive on Whistleblowing into Irish law. The proposed amendments will further strengthen the protections under the current whistleblowing legislation - the Protected Disclosure Act of 2014.
The department has published a press statement that outlines how the new provisions will enhance the framework in Ireland including the proposed establishment of an Office of the Ombudsman to support the implementation of the new law.
Officials fear Ireland may struggle to implement the EU Directive on Whistleblowing before the deadline. Minutes from board meetings at the Department of Public Expenditure and Reform highlight concern for meeting the deadline, stating that “…there are a number of implementation challenges facing transposition including having both the legislation enacted and the institutional arrangements in place by 17 December 2021…”
John Devitt, chief executive of Transparency International Ireland has said that COVID-19 has hampered progress: “…the legislative agenda has put everything back nine to twelve months. That is to be expected. We were told they were aiming to have it in place by December 17…”
A spokesperson for the Department of Public Expenditure said it intended for legislation to been enacted by the deadline, pointing out that there were several significant required amendments to Ireland’s Protected Disclosures Act (PDA) arising from the Directive, including:
- Expanding the personal scope of who can make a protected disclosure to include volunteers, unpaid trainees, shareholders and others;
- An obligation on all private sector organisations with 50 or more employees to establish formal channels and procedures for their staff to report wrongdoing;
- In proceedings where a person has been penalised for reporting wrongdoing, the burden of proof is to be reversed so that it is the employer, not the whistleblower, who must prove that the penalisation did not occur because he or she reported wrongdoing.
Whistleblowing Impact a group of university academics who research various aspects of whistleblowing and developed practical guides based on research have published a policy paper on the transposition of the EU Directive on Whistleblowing.
Based on the latest state-of-the-art research and international best practice and standards, the paper offers recommendations concerning the most important aspects of implementation. The recommendations are written in the context of Ireland’s transposition of the Directive as a response to Ireland’s Department of Public Expenditure and Reform’s call for submissions but has relevance for other countries who are Member States of the European Union and required to transpose the Directive before 17 December 2021.
" Ireland,Delayed,20/07/2020,Jul 20,NGO responds to the public consultation on the transposition of EU Directive on Whistleblowing,https://transparency.ie/resources/submissions/2020-submission-transposing-eu-whistleblowing-directive,"Transparency International Ireland has shared their views with the Department of Public Expenditure and Reform on Submission on the transposition of Directive (EU) 2019/1937 of the European Parliament and Council on the protection of persons who report breaches of Union law (EU Directive on Whistleblowing). Their submission responds to ten questions for consultation posed by the Department of Public Expenditure and Reform on considerations for transposing the EU Whistleblowing Directive, and includes a number of additional recommendations to address existing shortcomings in the Protected Disclosures Act 2014 advocated for in previous submissions.","Transparency International Ireland has shared their views with the Department of Public Expenditure and Reform on Submission on the transposition of Directive (EU) 2019/1937 of the European Parliament and Council on the protection of persons who report breaches of Union law (EU Directive on Whistleblowing).
Their submission responds to ten questions for consultation posed by the Department of Public Expenditure and Reform on considerations for transposing the EU Whistleblowing Directive, and includes a number of additional recommendations to address existing shortcomings in the Protected Disclosures Act 2014 advocated for in previous submissions.
" Ireland,Delayed,12/06/2020,Jun 20,Government publishes commitment to effective whistleblowing legislation,https://www.greenparty.ie/wp-content/uploads/2020/06/ProgrammeforGovernment_June2020_Final.pdf,"The Irish Government has published a commitment to ensure the effectiveness of new whistleblowing legislation during the transposition of the EU Directive on Whistleblowing. Page 121 of the Programme for Government ""Our Shared Future"" details the Irish Governments pledge: 'Use the opportunity of the EU consideration of reforms to European-wide whistleblowing provisions to review, update and reform our whistleblowing legislation and ensure that it remains as effective as possible.'","The Irish Government has published a commitment to ensure the effectiveness of new whistleblowing legislation during the transposition of the EU Directive on Whistleblowing.
Page 121 of the Programme for Government ""Our Shared Future"" details the Irish Governments pledge:
'Use the opportunity of the EU consideration of reforms to European-wide whistleblowing provisions to review, update and reform our whistleblowing legislation and ensure that it remains as effective as possible.'
" Ireland,Delayed,08/06/2020,Jun 20,Public consultation on the transposition of EU Directive on whistleblowing announced,https://www.gov.ie/en/consultation/8b345-consultation-on-the-transposition-of-directive-eu-20191937-of-the-european-parliament-and-the-council-on-the-protection-of-persons-who-report-breaches-of-union-law-eu-whistleblowing-directive/,"The Department of Public Expenditure and Reform has started a public consultation on the transposition of Directive (EU) 2019/1937 of the European Parliament and the Council of 23 October 2019 on the protection of persons who report breaches of Union law (EU Directive on Whistleblowing). The purpose of the consultation is to seek views on the use of Member State options for transposition – the matters contained within the Directive in respect of which Member States can or must make a choice as regards implementation. The consultation period will run to 5pm, 10 July 2020.","The Department of Public Expenditure and Reform has started a public consultation on the transposition of Directive (EU) 2019/1937 of the European Parliament and the Council of 23 October 2019 on the protection of persons who report breaches of Union law (EU Directive on Whistleblowing).
The purpose of the consultation is to seek views on the use of Member State options for transposition – the matters contained within the Directive in respect of which Member States can or must make a choice as regards implementation. The consultation period will run to 5pm, 10 July 2020.
" Italy,Delayed,17/11/2021,Nov 21,"Concern for whistleblowing law transposition failure ",https://transparency.it/informati/pubblicazioni/analisi-e-raccomandazioni-sulla-direttiva-whistleblowing,"A new whistleblowing law has been reported in the media in recent months without any draft proposals being published for public consultation or analysis. The legal authority granted to the Government to develop the new law, which transposed the EU Directive on whistleblowing into Italian national law has now expired, making it unlikely that Italy will meet the deadline. All 27 Member States of the EU must fully implement the Directive before the 27 December 2021. NGOs TI Italy and the Good Lobby held a press conference today to comment on the transposition process; including: The lack of transparency in developing the law The push to proceed with more inclusivity and openness in the coming stages The specific provisions needed for effective transposition","A new whistleblowing law has been reported in the media in recent months without any draft proposals being published for public consultation or analysis. The legal authority granted to the Government to develop the new law, which transposed the EU Directive on whistleblowing into Italian national law has now expired, making it unlikely that Italy will meet the deadline. All 27 Member States of the EU must fully implement the Directive before the 27 December 2021.
NGOs TI Italy and the Good Lobby held a press conference today to comment on the transposition process; including:
Italian newspaper Il Sole has reported that the legislative decree for the transposition of the Directive is now ready.
Experts are concerned about the lack of transparency and inclusiveness of the process to date. A progress report by Transparency International and the Whistleblowing International Network found that Italy had made minimal progress in the transposition of the Directive which must be fully completed by the 17 December 2021.
Giorgio Frashcini, Whistleblowing Programme Manager at Transparency International Italia said:
“Reports in the media of draft legislation being available is quite surprising given no proposal has been officially published and the drafting of the proposal appears to have taken place behind closed doors. We are keen to learn more as soon as possible.”
" Italy,Delayed,20/04/2021,Apr 21,Government to begin transposition of EU Directive on Whistleblowing,http://www.senato.it/service/PDF/PDFServer/BGT/01217556.pdf,"On the 20 April 2021, the Italian Government approved ‘delegation law’ which mandates the government to being transposition of the EU Directive on Whistleblowing (2019/1937). Little public information on the process is available. It is believed that the Ministry of Justice is the department in charge of transposing the Directive, which must be completed by 17 December 2021, but it is yet to be officially confirmed. ","On the 20 April 2021, the Italian Government approved ‘delegation law’ which mandates the government to being transposition of the EU Directive on Whistleblowing (2019/1937). Little public information on the process is available. It is believed that the Ministry of Justice is the department in charge of transposing the Directive, which must be completed by 17 December 2021, but it is yet to be officially confirmed. " Italy,Not started,02/04/2021,Apr 21,Transposition of EU Directive on whistleblowing suspended,https://www.camera.it/leg18/126?tab=1&leg=18&idDocumento=2757&sede=&tipo=,"Legislative progress on the transposition of the EU Directive on Whistleblowing Directive into Italian national law has been suspended The next step was for Parliament to approve a law to mandate the Government to begin implementation. Article 23 of this Bill of Law or “Legge Delegazione” covers the transposition of the whistleblowing protection Directive was expected to be approved in March and would mandate the Ministry of Justice and the Department of European Policies to draft new legislation. The Bill has however been amended in the House of Representatives and therefore is returned back to the Senate as of 01 April 2021. No date for the voting at the Senate has yet been scheduled.","Legislative progress on the transposition of the EU Directive on Whistleblowing Directive into Italian national law has been suspended
The next step was for Parliament to approve a law to mandate the Government to begin implementation. Article 23 of this Bill of Law or “Legge Delegazione” covers the transposition of the whistleblowing protection Directive was expected to be approved in March and would mandate the Ministry of Justice and the Department of European Policies to draft new legislation.
The Bill has however been amended in the House of Representatives and therefore is returned back to the Senate as of 01 April 2021.
No date for the voting at the Senate has yet been scheduled.
" Italy,Not started,25/01/2021,Jan 21,Parliament discusses the implementation of EU Directive on whistleblowing,http://www.senato.it/leg/18/BGT/Schede/Ddliter/52774.htm,"The Italian Parliamentary assembly has discussed preparatory work to transpose EU Directive on Whistleblowing After much delay, discussions on the preparatory work for a draft law to implement the EU Directive on Whistleblowing into Italian law are now underway in the parliamentary assembly. Responsibility for transposition of the Directive, which must take place before 17 December 2021 is understood to be shared between both the Ministry of Justice and the Department for European Policies within the Prime Minister’s office. Proposed amendments to the draft legislation made by the Parliamentary Commission can be read here. Once approved, the law will officially appoint these Ministries and implementation of the Directive can commence.","The Italian Parliamentary assembly has discussed preparatory work to transpose EU Directive on Whistleblowing
After much delay, discussions on the preparatory work for a draft law to implement the EU Directive on Whistleblowing into Italian law are now underway in the parliamentary assembly.
Responsibility for transposition of the Directive, which must take place before 17 December 2021 is understood to be shared between both the Ministry of Justice and the Department for European Policies within the Prime Minister’s office.
Proposed amendments to the draft legislation made by the Parliamentary Commission can be read here. Once approved, the law will officially appoint these Ministries and implementation of the Directive can commence.
" Italy,Not started,29/10/2020,Oct 20,Parliament publishes Bill mandating Government to transpose EU Directive on whistleblowing,https://www.camera.it/leg18/126?tab=1&leg=18&idDocumento=2757&sede=&tipo=,"The Senate of the Republic, the upper house of the Italian Parliament, has passed a draft law to mandate the Government to begin transposition of several European Union laws into national law (33 in total) including the EU Directive on Whistleblowing. Such a Bill officially appoints the Government or relevant Ministries to deal with transposition and required approval by both Chambers. NGO Transparency Italia has commented on the current whistleblowing legislation, which has been in place since 2017 and will have to be improved to meet the minimum standards of the Directive.","The Senate of the Republic, the upper house of the Italian Parliament, has passed a draft law to mandate the Government to begin transposition of several European Union laws into national law (33 in total) including the EU Directive on Whistleblowing.
Such a Bill officially appoints the Government or relevant Ministries to deal with transposition and required approval by both Chambers.
NGO Transparency Italia has commented on the current whistleblowing legislation, which has been in place since 2017 and will have to be improved to meet the minimum standards of the Directive.
" Latvia,Delayed,08/09/2020,Sep 20,Civil society responds to consultation on draft law to transpose EU Directive,https://delna.lv/wp-content/uploads/2020/04/Delna-par-TC-grozijumiem-07092020.pdf,Latvian NGO Delna have published their response to the public consultation on the draft law proposal to transpose the EU Directive on Whistleblowing into national law. The Directive contains landmark provisions and minimum standards on whistleblowing protection which must be implemented before the 17 December 2021. Read more here.,"Latvian NGO Delna have published their response to the public consultation on the draft law proposal to transpose the EU Directive on Whistleblowing into national law. The Directive contains landmark provisions and minimum standards on whistleblowing protection which must be implemented before the 17 December 2021. Read more here.
" Latvia,Delayed,17/06/2020,Jun 20,Public invited to comment on draft whistleblowing law,https://www.mk.gov.lv/lv/aktualitates/aicina-iesaistities-trauksmes-celsanas-likuma-pilnveidosana,"In order to promote whistleblowing in the public interest and to transpose the European Union Directive on Whistleblowing, the Latvian State Chancellery has prepared amendments to the current whistleblowing legislation, and has invited the public to make proposals for their improvement. The consultation will be open until 30 June 2020. The Directive must be implemented before the 17 December 2021. NGO Delna have published their opinion on the proposals online on the 7 September see here.","In order to promote whistleblowing in the public interest and to transpose the European Union Directive on Whistleblowing, the Latvian State Chancellery has prepared amendments to the current whistleblowing legislation, and has invited the public to make proposals for their improvement.
The consultation will be open until 30 June 2020. The Directive must be implemented before the 17 December 2021.
NGO Delna have published their opinion on the proposals online on the 7 September see here.
" Latvia,Not started,01/05/2019,May 19,Civil society discuss current whistleblowing Law,https://likumi.lv/ta/en/en/id/302465,"Latvia has taken an important step towards the strengthening of whistleblower protection New whistleblowing legislation in Latvia was adopted by Parliament in October 2018 and came into effect on 1 May 2019 - it was drafted while taking into consideration the provisions of the EU Directive on Whistleblowing which must be transposed into national law before the 17 December 2021. On the 11 October 2018, the Saeima of Latvia adopted the current law which aims to enable whistleblowers to expose offences which concern public interests or interests of certain social groups. It will also help design and implement a whistleblowing protection framework, as well as provide appropriate compensation to those who have disclosed wrongdoing. The Cabinet of Ministers is also tasked with producing and passing the Saeima amendments to the Civil Procedure Law by 1 December 2019 to ensure efficient application of temporary protective orders in civil cases involving whistleblowers. The Law defines what a whistleblower is, sets out how to raise concerns and stipulates the basic requirements for processing a whistleblowing report. In Latvia, the work on the whistleblowing mechanism began back in 2014. Representatives from the government, the Saeima and the society all participated in the drafting of the legal text.","Latvia has taken an important step towards the strengthening of whistleblower protection
New whistleblowing legislation in Latvia was adopted by Parliament in October 2018 and came into effect on 1 May 2019 - it was drafted while taking into consideration the provisions of the EU Directive on Whistleblowing which must be transposed into national law before the 17 December 2021.
On the 11 October 2018, the Saeima of Latvia adopted the current law which aims to enable whistleblowers to expose offences which concern public interests or interests of certain social groups. It will also help design and implement a whistleblowing protection framework, as well as provide appropriate compensation to those who have disclosed wrongdoing.
The Cabinet of Ministers is also tasked with producing and passing the Saeima amendments to the Civil Procedure Law by 1 December 2019 to ensure efficient application of temporary protective orders in civil cases involving whistleblowers.
The Law defines what a whistleblower is, sets out how to raise concerns and stipulates the basic requirements for processing a whistleblowing report. In Latvia, the work on the whistleblowing mechanism began back in 2014. Representatives from the government, the Saeima and the society all participated in the drafting of the legal text.
" Lithuania,Law adopted ,16/12/2021,Dec 21,New whistleblowing law adopted,https://www.lrs.lt/sip/portal.show?p_r=35727&p_k=1&p_a=sale_priimti&p_moment=20211216,"Parliament has adopted a new whistleblowing law, one day before the deadline for EU Member States to transpose the EU Directive on Whistleblowing. The new law is expected to come into force in the latter half of February 2022.","Parliament has adopted a new whistleblowing law, one day before the deadline for EU Member States to transpose the EU Directive on Whistleblowing. The new law is expected to come into force in the latter half of February 2022.
" Lithuania,Delayed,17/03/2021,Mar 21,Stakeholders respond to draft whistleblowing law,https://e-seimas.lrs.lt/portal/legalAct/lt/TAP/bb9a85607be711eb9fc9c3970976dfa1?jfwid=-a3k5cky91,"In early March 2021, the Ministry of Justice sent out a draft law to transpose the EU Directive on whistleblowing to various stakeholders, requesting their feedback on the proposed amendments. The draft legislation “Law of the Republic of Lithuania on the Protection of Reporters” is publicly available here. Stakeholders opinions on draft law have now been published. Based on the previous conversations with the Ministry representatives, the institutions known to have received an invitation to comment on the draft Bill included Transparency International Lithuania (TI Lithuania); the Prosecutor General’s Office; and the Special Investigation Service. It is not known whether other organisations were consulted. Institutions were required to provide their opinions by the 17th of March 2021. TI Lithuania’s opinion paper urges the government to consider establishing a working group for transposition and public consultation on more detailed provisions, to enable wider discussion on the implication of implementation and how the proposed framework would work in practice. On the 24th March 2021, Whistleblowing International Network and Transparency International published a joint report on the progress of transposition across all 27 Member States. Lithuania was found to have made minimal progress towards implementation and the lack of public information on steps taken meant the process was lacking in transparency and inclusivity of process.","In early March 2021, the Ministry of Justice sent out a draft law to transpose the EU Directive on whistleblowing to various stakeholders, requesting their feedback on the proposed amendments. The draft legislation “Law of the Republic of Lithuania on the Protection of Reporters” is publicly available here.
Stakeholders opinions on draft law have now been published.
Based on the previous conversations with the Ministry representatives, the institutions known to have received an invitation to comment on the draft Bill included Transparency International Lithuania (TI Lithuania); the Prosecutor General’s Office; and the Special Investigation Service. It is not known whether other organisations were consulted. Institutions were required to provide their opinions by the 17th of March 2021.
TI Lithuania’s opinion paper urges the government to consider establishing a working group for transposition and public consultation on more detailed provisions, to enable wider discussion on the implication of implementation and how the proposed framework would work in practice.
On the 24th March 2021, Whistleblowing International Network and Transparency International published a joint report on the progress of transposition across all 27 Member States. Lithuania was found to have made minimal progress towards implementation and the lack of public information on steps taken meant the process was lacking in transparency and inclusivity of process.
" Lithuania,Delayed,18/02/2021,Feb 21,Draft law to transpose EU Directive on whistleblowing in progress,,"A proposal to transpose the EU Directive on whistleblowing is in development in Lithuania The current Law on Protection of Whistleblowers came into force in January 2019. At the moment, there is no publicly available information on the process of the transposition of the EU Directive. However, in January 2021 the representative from the Ministry of Justice told Transparency International (TI) Lithuania that the Law amendments, that are being drafted in accordance with the EU Directive, are currently being reviewed by the internal European Union Law group within the Ministry of Justice. The status of transposition was also confirmed during the Whistleblower Protection Forum on 18 February 2021, an event organized by TI Lithuania and the Prosecutor General’s Office. It is foreseen that the amendments will be sent to the Prosecutor General’s Office and the Special Investigation Service for review. No timeline is currently publicly available. However, as mentioned by the Ministry of Justice representative during the Forum, the EU Directive will be transposed on time. According to the representative from the Ministry of Justice, the amended law will expand the existing definition of the whistleblower, list of the events in which information about the infringements shall be reported, article on ensuring confidentiality, will establish clearer timeliness, sanctions for institutions for non-complying with their responsibilities, penalties for persons who hinder or attempt to hinder reporting, retaliate against reporting person.","A proposal to transpose the EU Directive on whistleblowing is in development in Lithuania
The current Law on Protection of Whistleblowers came into force in January 2019. At the moment, there is no publicly available information on the process of the transposition of the EU Directive. However, in January 2021 the representative from the Ministry of Justice told Transparency International (TI) Lithuania that the Law amendments, that are being drafted in accordance with the EU Directive, are currently being reviewed by the internal European Union Law group within the Ministry of Justice. The status of transposition was also confirmed during the Whistleblower Protection Forum on 18 February 2021, an event organized by TI Lithuania and the Prosecutor General’s Office. It is foreseen that the amendments will be sent to the Prosecutor General’s Office and the Special Investigation Service for review. No timeline is currently publicly available. However, as mentioned by the Ministry of Justice representative during the Forum, the EU Directive will be transposed on time.
According to the representative from the Ministry of Justice, the amended law will expand the existing definition of the whistleblower, list of the events in which information about the infringements shall be reported, article on ensuring confidentiality, will establish clearer timeliness, sanctions for institutions for non-complying with their responsibilities, penalties for persons who hinder or attempt to hinder reporting, retaliate against reporting person.
" Luxembourg,Delayed,12/01/2022,Jan 22,New draft whistleblowing law published,https://gouvernement.lu/fr/actualites/toutes_actualites/communiques/2022/01-janvier/12-tanson-projet-loi-ue.html,"Luxembourg’s Minister of Justice, Sam Tanson, has presented a new draft law to transpose the EU Directive on Whistleblowing to Parliament and the media. All 27 EU countries must implement the Directive into their national legal systems. The official deadline for transposition was the 17 December 2021, which Luxembourg along with most other Member States failed to meet. Importantly, the Bill expands on some of the minimum standards required by the Directive including extension of the scope of protection beyond reports of breaches of EU law to include: “acts or omissions which: a) are unlawful; or b) run counter to the object or purpose of directly applicable provisions of national or European law, provided that the consequence is a disturbance of the public interest"", will be protected against all forms of reprisals.” A new independent whistleblowing office for whistleblowers is also proposed. Whistleblower protection advocates and experts will now review the proposal both in line with the requirements of the Directive and emerging international consensus on best practice principles.","Luxembourg’s Minister of Justice, Sam Tanson, has presented a new draft law to transpose the EU Directive on Whistleblowing to Parliament and the media.
All 27 EU countries must implement the Directive into their national legal systems. The official deadline for transposition was the 17 December 2021, which Luxembourg along with most other Member States failed to meet.
Importantly, the Bill expands on some of the minimum standards required by the Directive including extension of the scope of protection beyond reports of breaches of EU law to include:
“acts or omissions which: a) are unlawful; or b) run counter to the object or purpose of directly applicable provisions of national or European law, provided that the consequence is a disturbance of the public interest"", will be protected against all forms of reprisals.”
A new independent whistleblowing office for whistleblowers is also proposed.
Whistleblower protection advocates and experts will now review the proposal both in line with the requirements of the Directive and emerging international consensus on best practice principles.
" Luxembourg,Not started,24/05/2021,May 21,Draft proposal for whistleblowing law expected ,,"A draft proposal for a whistleblowing law to transpose the EU Directive on whistleblowing is apparently soon expected to be announced in Luxembourg. The proposal, which is being developed by the Ministry of Justice, in collaboration with several stakeholders with an interest in whistleblowing law, is expected to be presented to the Government Council in the next few weeks. The Bill is expected to then follow ordinary legislative procedure, including public consultation on its provisions to allow all interested parties to comment, as is tradition for all legal reform in Luxembourg. There has been little publicly available information on these developments. A recent progress report on the transposition of the Directive across all 27 Member States found that Luxembourg had made little to no progress to implement the Directive which must be completed before 17 December 2021 however developments are now anticipated following the presentation of the draft Bill.","All 27 EU countries must implement the Directive into their national legal systems. The official deadline for transposition was the 17 December 2021, which Luxembourg along with most other Member States failed to meet.
" Luxembourg,Not started,08/11/2019,Nov 19,Minister of Justice hints extending the scope of whistleblowing law,https://mj.gouvernement.lu/fr.html,"In response to a parliamentary question addressed to the Luxembourg Minister of Justice, concerning the timeline of the transposition of the EU Directive on whistleblowing, and the proposed establishment of whistleblowing channels, Minister of Justice, Sam Tanson, gave important hints for the future approach to transposition. Firstly, Tanson argued that Luxembourg is in favour of a system where a whistleblower would have the possibility to blow the whistle where he or she chooses, including directly to the public. This position was refuted by the majority of Member States in the Council. She then highlighted that Luxembourg will not limit the protection to disclosures of EU law (as the Directive foresees) but it will extend its material scope to reports of breaches of national law also. The Minister of Justice did not provide any concrete details on the timeline of the transposition in Luxembourg, which currently has no comprehensive whistleblowing law.","Importantly, the Bill expands on some of the minimum standards required by the Directive including extension of the scope of protection beyond reports of breaches of EU law to include:
" Malta,Law adopted ,16/11/2021,Nov 21,New Whistleblowing law proposal published ,https://parlament.mt/media/114506/bill-249-protection-of-the-whistlebower-amendment-bill.pdf,"A new draft Bill entitled ‘Protection of the Whistleblower (Amendment) Act 2021 to amend and expand the protection of the current legislation – the Whistleblower Act (Cap 527) of 2013 has been published in Malta to transpose the EU Directive 209/1937. Anti-corruption and freedom of expression experts will now be looking closely to analyse the proposal in line with the minimum standards of the Directive and emerging international best practice principles. The Governments approach to the process so far has been criticised for lacking in transparency and openness and not being inclusive with civil society stakeholders keen to help inform the scope of the new framework. It is feared that given the imminent official deadline for transposition (17 December 2021) that the Government will rush through a law which may not protect whistleblowers in practice.","“acts or omissions which: a) are unlawful; or b) run counter to the object or purpose of directly applicable provisions of national or European law, provided that the consequence is a disturbance of the public interest"", will be protected against all forms of reprisals.”
" Malta,Not started,11/11/2021,Nov 21,"Ministers announce whistleblowing law reform, no details available",https://www.independent.com.mt/articles/2021-11-11/local-news/Whistleblower-Act-amended-to-offer-more-protection-to-workplace-informants-6736238226,"The Minister for Justice Edward Zammit Lewis has announced amendments to the whistleblower protection framework in Malta to transpose the EU Directive on Whistleblowing during a press conference. Changes to the current legislation include extending protection to shareholders and to ‘facilitators’ of reporting. It was separately reported in Malta Today that ‘reporting officers’ must be established in companies employing more than 50 staff and that officials believed the new framework would indeed be compliant with the EU Directive on Whistleblowing. Despite the freedom of choice of the whistleblower in deciding where to report being a central tenet of the EU Directive, which explicitly protects persons who report directly externally of their employer to a competent authority even in the first instance, the article in The Independent reports: “Ministry Davida Flores explained that a certain process has to be undertaken when reporting workplace malpractice. She said that the first step includes an internal disclosure process which requires an employee to disclose the issue to the internal reporting officer in order for the officer to move up the administrative chain to resolve the issue. The next step would be external disclosure where if deemed necessary by the reporting officer, the relevant authorities could be involved in order to resolve the issue. The relevant authorities include MFSA, FIAU, The Office of the Ombudsman and others.” Interested parties have written to the Ministry asking for a copy of the draft law to be made available but there has been no response and still no public consultation on the proposals to date. The EU Directive must be fully transposed into the national legal systems of all 27 EU Member States by the 17 December 2021.“",A new independent whistleblowing office for whistleblowers is also proposed.
Malta,Not started,22/10/2021,Oct 21,Civil society renews call for proper consultation on whistleblowing law reforms ,https://repubblika.org/press-release/repubblika-renews-its-call-for-effective-consultation-on-revisions-to-the-whistleblower-protection-law/,"NGO Repubblika has renewed its call for proper public and stakeholder consultation on the current reform of Malta’s whistleblower protection framework. The amendments currently being considered by Government are needed to implement the EU Directive on Whistleblowing. In a press release, issued 22 October 2021 Repubblika stated: “Public consultation and engagement with civil society should be a normal part of the legislative process although it has now become a rarity in Malta. Even though Repubblika specifically asked for public consultation more than 10 months ago, the government has not yet published draft amendments 6 weeks before the changes must become law or Malta would be in breach of the European directive… … The government is avoiding consultation because it will likely again propose legislation that retains their control on the decision on who is protected to potentially give evidence against them. The last thing ministers want in our laws are measures that give practical protection to anyone who might expose them for corruption or other crimes.” Malta, which has had whistleblowing protection legislation since 2013, and all other 26 Member States of the EU have only 50 days to fully transpose the Directive into their national legal systems. Only one country Denmark has adopted a transposition law so far.",Whistleblower protection advocates and experts will now review the proposal both in line with the requirements of the Directive and emerging international consensus on best practice principles.
Malta,Not started,17/10/2021,Oct 21,Legal reform to better protect whistleblowers soon expected ,https://www.maltatoday.com.mt/news/national/112721/whistleblowing_rules_to_be_extended_right_before_eu_deadline,"The Minister of Justice of Malta has announced that new amendments to the whistleblowing protection framework are underway, as reported in the national press. The EU Directive on whistleblowing must be fully transposed into Maltese national law before the 17 December 2021. Malta has had a whistleblowing law since 2013 but reform is needed in order to bring protection in line with the Directive’s minimums standards. Malta has until now been considered as having not started the implementation process; despite previous statements of government officials earlier this year, public consultation on the proposed reforms has not yet been started.","The Minister of Justice of Malta has announced that new amendments to the whistleblowing protection framework are underway, as reported in the national press.
The EU Directive on whistleblowing must be fully transposed into Maltese national law before the 17 December 2021. Malta has had a whistleblowing law since 2013 but reform is needed in order to bring protection in line with the Directive’s minimums standards.
Malta has until now been considered as having not started the implementation process; despite previous statements of government officials earlier this year, public consultation on the proposed reforms has not yet been started.
" Malta,Not started,30/09/2021,Sep 21, Ombuds report highlights need for stakeholder consultation on whistleblowing law reform,https://ombudsman.org.mt/wp-content/uploads/2020/09/Ombudsplan-2021.pdf ,"The Maltese Omsbud institution has published it’s annual report which highlights its concern on the lack of consultation on the development of a new whistleblowing law in Malta. The EU Directive on Whistleblowing will require legislation to be adopted in all Member States, including Malta, to bring the national legal system in line with new minimum standards for whistleblower protection. It must be fully transposed by 17 December 2021. The 2021 report states: “The Ombudsman would be failing if he did not record his disappointment at this complete failure of consultation. This is to prevent such incidents from happening again.” (Italise) The Ombuds has previously highlighted the negative consequences it has suffered when not properly consulted in the implementation of whistleblower protection law reforms in prior annual reports. In its 2020 annual report it highlighted the difficult challenges it has faced in fulfilling it’s responsibility as a prescribed authority to handle external disclosures under the current whistleblower protection law in (Chapter 527 of the Laws of Malta) which entered into force on the 15 September 2013. Despite the expectation to investigate matters of risks to public health and safety and the environment and improper practices not intended to be reported to other authorities, the Ombudsman’s office stated that they are hindered by a limitation on their remit under the Ombudsman Act which confines their powers to investigating only acts of public administration, leaving a blind spot with regards to the private sector. The report also raises the issue of whether ombuds officials can be prosecuted for handling information acquired under it’s functions prescribed by the whistleblowing law, which has been a live legal issue they have had to contend with.","The Maltese Omsbud institution has published it’s annual report which highlights its concern on the lack of consultation on the development of a new whistleblowing law in Malta.
The EU Directive on Whistleblowing will require legislation to be adopted in all Member States, including Malta, to bring the national legal system in line with new minimum standards for whistleblower protection. It must be fully transposed by 17 December 2021.
The 2021 report states:
“The Ombudsman would be failing if he did not record his disappointment at this complete failure of consultation. This is to prevent such incidents from happening again.”
The Ombuds has previously highlighted the negative consequences it has suffered when not properly consulted in the implementation of whistleblower protection law reforms in prior annual reports. In its 2020 annual report it highlighted the difficult challenges it has faced in fulfilling it’s responsibility as a prescribed authority to handle external disclosures under the current whistleblower protection law in (Chapter 527 of the Laws of Malta) which entered into force on the 15 September 2013.
Despite the expectation to investigate matters of risks to public health and safety and the environment and improper practices not intended to be reported to other authorities, the Ombudsman’s office stated that they are hindered by a limitation on their remit under the Ombudsman Act which confines their powers to investigating only acts of public administration, leaving a blind spot with regards to the private sector.
The report also raises the issue of whether ombuds officials can be prosecuted for handling information acquired under it’s functions prescribed by the whistleblowing law, which has been a live legal issue they have had to contend with.
" Malta,Not started,21/01/2021,Jan 21,Minister confirms transposition of EU Directive on Whistleblowing requires amendments to current law,https://www.gov.mt/en/Government/DOI/Press Releases/Pages/2021/January/11/pr210046.aspx,"The Minister for Justice, Equality and Governance for Malta has confirmed, in comments made during a visit to the Office of the Directorate, that ‘Strategy Support’ will become the co-ordinating office for the transposition of the EU Directive on Whistleblower into national law which will require amendments to the current whistleblowing legislation adopted in 2013.","The Minister for Justice, Equality and Governance for Malta has confirmed, in comments made during a visit to the Office of the Directorate, that ‘Strategy Support’ will become the co-ordinating office for the transposition of the EU Directive on Whistleblower into national law which will require amendments to the current whistleblowing legislation adopted in 2013.
" Poland,Delayed,25/10/2021,Oct 21,"Analysis on Polish Whistleblowing Law begins, consultaiton underway",,"A draft law to transpose the EU Directive on Whistleblowing (EU Dir 2019/1937) along with a rationale and a regulatory impact assessment has been published by the Ministry of Family and Social Policy, as of the 18 October 2021. Early analysis on the Bill shows that the proposal largely reflects the key principles of the Directive; including: - Upholding the whistleblower's freedom of choice to report internally or externally of the employer as well as to publicly disclose information - Including broad scope of protection measures against employer’s retaliation, unfair treatment or legal harassment; termination of the employment contract as a consequence of reporting the violation will be unlawful. However, the proposed approach of the draft law to protect only reports of the same category of information on breaches as required by the Directive, despite the EU Commissions recommendation to Member States to take a ‘horizontal approach’ which beyond the minimum requirements of the legal text to include breaches of national law and other wrongdoing. The Polish law would not cover persons who report irregularities on the basis of separate rules, for example, related to the social duty to report criminal offences to law enforcement agencies. This minimal or ‘verbatim’ approach has been criticised by legal experts in Europe and other member states, such as Denmark have taken a more progressive, expansive approach. External reports are proposed to be collected and distributed to relevant public bodies by the Polish Ombudsman. The list of relevant public bodies remains yet unknown, with exception of The Office of Competition and Consumer Protection which should deal with risks for competition protection law. The draft law recognises the employer’s commitment to consult on the establishment of mandatory internal whistleblowing systems with trade unions or other employees’ representation before its implementation. The most controversial part of the draft law concerns potential sanctions. The head of an organization may be penalized for not respecting a duty to have an internal whistleblowing channel by fines or up to 3 years imprisonment. This has raised concerns given the very short timeframe of just 14 days to implement new responsibilities by all public and any private entities with more than 49 employees (Businesses between 50 and 249 employees are granted two extra years to fulfil this duty.) Such a short length of time would be problematic given the need to consult trade unions. Persons who report false information are also at risk of financial sanctions and imprisonment. This provision appears however to be incoherent with a key principle of the Directive which is that a whistleblower should not be penalised for having made an honest mistake so long as they held a reasonable belief in the truth of the information. Public consultation on the draft law is now underway with opinions required to be submitted before 17 of November, just one month before the 17 December 2021 deadline for the Directive to be fully transposed into all 27 Member States national legal systems. Anti-corruption NGO Stefan Batory Foundation who campaign for better protection of Whistleblowers in Poland is expected to publish a statement on the government's approach soon. ","A draft law to transpose the EU Directive on Whistleblowing (EU Dir 2019/1937) along with a rationale and a regulatory impact assessment has been published by the Ministry of Family and Social Policy, as of the 18 October 2021.
Early analysis on the Bill shows that the proposal largely reflects the key principles of the Directive; including:
- Upholding the whistleblower's freedom of choice to report internally or externally of the employer as well as to publicly disclose information
- Including broad scope of protection measures against employer’s retaliation, unfair treatment or legal harassment; termination of the employment contract as a consequence of reporting the violation will be unlawful.
However, the proposed approach of the draft law to protect only reports of the same category of information on breaches as required by the Directive, despite the EU Commissions recommendation to Member States to take a ‘horizontal approach’ which beyond the minimum requirements of the legal text to include breaches of national law and other wrongdoing. The Polish law would not cover persons who report irregularities on the basis of separate rules, for example, related to the social duty to report criminal offences to law enforcement agencies. This minimal or ‘verbatim’ approach has been criticised by legal experts in Europe and other member states, such as Denmark have taken a more progressive, expansive approach.
External reports are proposed to be collected and distributed to relevant public bodies by the Polish Ombudsman. The list of relevant public bodies remains yet unknown, with exception of The Office of Competition and Consumer Protection which should deal with risks for competition protection law.
The draft law recognises the employer’s commitment to consult on the establishment of mandatory internal whistleblowing systems with trade unions or other employees’ representation before its implementation.
The most controversial part of the draft law concerns potential sanctions. The head of an organization may be penalized for not respecting a duty to have an internal whistleblowing channel by fines or up to 3 years imprisonment.
This has raised concerns given the very short timeframe of just 14 days to implement new responsibilities by all public and any private entities with more than 49 employees (Businesses between 50 and 249 employees are granted two extra years to fulfil this duty.) Such a short length of time would be problematic given the need to consult trade unions.
Persons who report false information are also at risk of financial sanctions and imprisonment. This provision appears however to be incoherent with a key principle of the Directive which is that a whistleblower should not be penalised for having made an honest mistake so long as they held a reasonable belief in the truth of the information.
Public consultation on the draft law is now underway with opinions required to be submitted before 17 of November, just one month before the 17 December 2021 deadline for the Directive to be fully transposed into all 27 Member States national legal systems.
Anti-corruption NGO Stefan Batory Foundation who campaign for better protection of Whistleblowers in Poland is expected to publish a statement on the government's approach soon.
" Poland,Delayed,18/10/2021,Oct 21,Draft whistleblowing law published,https://legislacja.gov.pl/projekt/12352401/katalog/12822857#12822857,The Government in Poland has today published a draft whistleblower protection law. The law will transpose the EU Directive 2019/1937 on whistleblowing which must be fully implemented in each EU Member State b7 17 December 2021. Whistleblowing and anti-corruption experts will now analyse the proposed provisions within the Bill against international consensus on best practice principles for effectively protecting whistleblowers.,
The Government in Poland has today published a draft whistleblower protection law. The law will transpose the EU Directive 2019/1937 on whistleblowing which must be fully implemented in each EU Member State b7 17 December 2021. Whistleblowing and anti-corruption experts will now analyse the proposed provisions within the Bill against international consensus on best practice principles for effectively protecting whistleblowers.
Poland,Delayed,18/12/2020,Dec 20,Transposition of EU Directive on whistleblowing transferred to new ministry,https://www.dzp.pl/blog/compliance/dyrektywa-whistleblowingowa-ministerstwie-rozwoju-pracy-technologii/,"The process of transposition of the EU Directive on whistleblowing into national law has begun in Poland after the Prime Minister, Mateusz Morawieckz, took the first step and asked the Ministry of Development, Labor and Technology to prepare proper draft law and make public consultation under his decree. This is a small but important step within the Polish political context. Prime Minister Mateusz Morawiecki's decree can be read here (Polish). NGO Stefan Batory Foundation has published a commentary on whistleblowing protection in Poland as well as a citizens draft law (2018).","The process of transposition of the EU Directive on whistleblowing into national law has begun in Poland after the Prime Minister, Mateusz Morawieckz, took the first step and asked the Ministry of Development, Labor and Technology to prepare proper draft law and make public consultation under his decree. This is a small but important step within the Polish political context.
Prime Minister Mateusz Morawiecki's decree can be read here (Polish).
NGO Stefan Batory Foundation has published a commentary on whistleblowing protection in Poland as well as a citizens draft law (2018).
" Poland,Not started,24/04/2020,Apr 20,Civil society discuss whistleblowing protection during Covid19,https://whistleblowingnetwork.org/Our-Work/Spotlight/Stories/WIN-Associates-Update-on-Whistleblowing-during-Co,"The Whistleblowing International Network has published an English translation of the article ‘Heroes do not have a voice’ by Marcin Waszak at The Stefan Batory Foundation. The article details the difficulties faced by healthcare whistleblowers in Poland and the government efforts to silence them, stating ‘Defying both law and logic, those who reveal the true scale of neglect and errors across Poland’s healthcare system have been silenced since the start of the COVID-19 pandemic.’ Poland does not currently have any comprehensive whistleblowing protection legislation in place. This is a translation of an article that was published on the Batory Foundation’s forumIdei blog on 10 April 2020 which can be read here.","The Whistleblowing International Network has published an English translation of the article ‘Heroes do not have a voice’ by Marcin Waszak at The Stefan Batory Foundation.
The article details the difficulties faced by healthcare whistleblowers in Poland and the government efforts to silence them, stating ‘Defying both law and logic, those who reveal the true scale of neglect and errors across Poland’s healthcare system have been silenced since the start of the COVID-19 pandemic.’
Poland does not currently have any comprehensive whistleblowing protection legislation in place.
This is a translation of an article that was published on the Batory Foundation’s forumIdei blog on 10 April 2020 which can be read here.
" Portugal,Law adopted ,26/11/2021,Nov 21,New whistleblowing law adopted,https://rr.sapo.pt/noticia/politica/2021/11/26/proposta-de-protecao-de-denunciantes-aprovada-no-parlamento/262244/,"The Portuguese Parliament has approved a draft law on whistleblower protection by way of majority vote. The new law seeks to transpose the EU Directive on Whistleblowing which must be fully implemented in all 27 EU Member States by 17 December 2021. According to the approved proposal, the new law ""benefits from the protection conferred by this law the whistleblower who, in good faith, and having serious grounds to believe that the information is, at the time of complaint or public disclosure, true, denounces or publicly discloses an offence under the terms established"". The new law also establishes the creation and operation of institutional whistleblowing channels and the prohibition of any form of retaliation accompanied by the establishment of protection and support measures for whistleblowers. The law will come into force six months after its publication in the Official Journal.","The Portuguese Parliament has approved a draft law on whistleblower protection by way of majority vote. The new law seeks to transpose the EU Directive on Whistleblowing which must be fully implemented in all 27 EU Member States by 17 December 2021.
According to the approved proposal, the new law ""benefits from the protection conferred by this law the whistleblower who, in good faith, and having serious grounds to believe that the information is, at the time of complaint or public disclosure, true, denounces or publicly discloses an offence under the terms established"".
The new law also establishes the creation and operation of institutional whistleblowing channels and the prohibition of any form of retaliation accompanied by the establishment of protection and support measures for whistleblowers.
The law will come into force six months after its publication in the Official Journal.
" Portugal,Delayed,19/10/2021,Oct 21,Draft whistleblowing law pending vote,https://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c324679626d56304c334e706447567a4c31684a566b786c5a79394562324e31625756756447397a5357357059326c6864476c325953387a4d7a4e684e4467784f53307759574e694c5451324d6d51744f47566a4e5330794d545a6d5a5751314f5455314e6d51755a47396a65413d3d&fich=333a4819-0acb-462d-8ec5-216fed59556d.docx&Inline=true,"Portugal is currently transposing the EU Directive on Whistleblowing into national law which must be fully implemented on the 17 December 2021. After discussion in parliamentary plenary sessions in June this year, the Whistleblowing Bills are awaiting to be scheduled a date for a vote at the committee level to discuss the proposals. ","Portugal is currently transposing the EU Directive on Whistleblowing into national law which must be fully implemented on the 17 December 2021. After discussion in parliamentary plenary sessions in June this year, the Whistleblowing Bills are awaiting to be scheduled a date for a vote at the committee level to discuss the proposals.
" Portugal,Delayed,22/06/2021,Jun 21,Vote scheduled on draft proposals for whistleblowing protection framework,https://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c324679626d56304c334e706447567a4c31684a566b786c5a79394562324e31625756756447397a5357357059326c6864476c325953387a4d7a4e684e4467784f53307759574e694c5451324d6d51744f47566a4e5330794d545a6d5a5751314f5455314e6d51755a47396a65413d3d&fich=333a4819-0acb-462d-8ec5-216fed59556d.docx&Inline=true,"Draft proposals for a whistleblowing protection framework are to be voted on this week on Friday 23 June 2021. An official draft Bill which has received approval of the Council of Ministers on the 29 April 2021 and two further proposals published by the CDS peoples party on the 9 June 2021 – Proposal to create Whistleblower Protection regime - and the PAN party - Proposal to create Whistleblower Protection statue on the 4 June 2021.","Draft proposals for a whistleblowing protection framework are to be voted on this week on Friday 23 June 2021.
An official draft Bill which has received approval of the Council of Ministers on the 29 April 2021 and two further proposals published by the CDS peoples party on the 9 June 2021 – Proposal to create Whistleblower Protection regime - and the PAN party - Proposal to create Whistleblower Protection statute on the 4 June 2021.
Transparency International Portugal said:
“We expect the Portuguese government to strengthen the anti-corruption agenda by passing a whistleblower protection law that leaves no one behind. It is urgent to protect people who fall outside the scope defined in the EU Directive on Whistleblowing, such as victims or witnesses of bad governance and mismanagement outside the workplace and professional relationships, prostitution and human trafficking, domestic violence, environmental crimes, amongst other situations.”
" Portugal,Delayed,29/04/2021,Apr 21,Government begins transposition of EU Directive,https://www.portugal.gov.pt/pt/gc22/governo/comunicado-de-conselho-de-ministros?i=416,New National Strategy Against Corruption legislation has been approved by the Council of Ministers. The legal instrument includes several anti-corruption provisions as well as the creation of a whistleblowing protection framework. This is the first initial step to transpose the EU Directive on the protection of persons who report Union law into Portuguese national law. The law seeks to provide assurance to whistleblowers who report illicit wrongdoing that they will not be dismissed or suffer detrimental treatment in both public and private sectors. The next step is for the draft Bill to be approved in Parliament.,"New National Strategy Against Corruption legislation has been approved by the Council of Ministers. The legal instrument includes several anti-corruption provisions as well as the creation of a whistleblowing protection framework. This is the first initial step to transpose the EU Directive on the protection of persons who report Union law into Portuguese national law. The law seeks to provide assurance to whistleblowers who report illicit wrongdoing that they will not be dismissed or suffer detrimental treatment in both public and private sectors. The next step is for the draft Bill to be approved in Parliament.
" Portugal,Delayed,23/10/2020,Oct 20,NGOs respond to the public consultation on anticorruption strategy including whistleblowing protection,https://transparencia.pt/corrupcao-politica-lavagem-dinheiro-estrategia-nacional-combate-corrupcao/,"Transparency International Portugal has published their response to the public consultation on the National Strategy to Combat Corruption 2020-2024. The response can be read in Portuguese here. TI Portugal noted 'The proposal for a National Strategy to Combat Corruption presented by the Government is vague, cautious, very legalistic and not very ambitious, in which it is not clear what position Portugal should be in when it is implemented and the definition is lacking, concrete form, of the strategic or foundational principles and objectives of the future action and implementation plan, with no indicators or other metrics about what it is intended to combat and overcome.'","Transparency International Portugal has published their response to the public consultation on the National Strategy to Combat Corruption 2020-2024. The response can be read in Portuguese here. TI Portugal noted 'The proposal for a National Strategy to Combat Corruption presented by the Government is vague, cautious, very legalistic and not very ambitious, in which it is not clear what position Portugal should be in when it is implemented and the definition is lacking, concrete form, of the strategic or foundational principles and objectives of the future action and implementation plan, with no indicators or other metrics about what it is intended to combat and overcome.'
" Portugal,Delayed,07/09/2020,Sep 20,Public consultation on whistleblowing protections in anticorruption strategy announced,https://www.portugal.gov.pt/pt/gc22/comunicacao/documento?i=estrategia-nacional-de-combate-a-corrupcao-2020-2024,"The Portuguese government has introduced its National Strategy Against Corruption which foresees mechanisms to protect whistleblowers, following the tenet EU Directive on whistleblowing Directive. The draft proposal opens up the possibility that any defendant of economic and financial crimes may have immunity from imprisonment if he confesses or helps bring evidence to light for law enforcement. The proposal also introduces the possibility for private companies to pay fines if they do not adopt anti-corruption arrangements. One of the main goals is to develop a general corruption prevention regime which provides for the implementation of the Directive, within public and medium or large private companies as well as programmes aimed at preventing and detecting illicit practices (so-called compliance programs). It also protects managers and workers who report malpractice (as required by the Directive.) The document is open to public consultation until October 20th.","The Portuguese government has introduced its National Strategy Against Corruption which foresees mechanisms to protect whistleblowers, following the tenet EU Directive on whistleblowing Directive. The draft proposal opens up the possibility that any defendant of economic and financial crimes may have immunity from imprisonment if he confesses or helps bring evidence to light for law enforcement. The proposal also introduces the possibility for private companies to pay fines if they do not adopt anti-corruption arrangements. One of the main goals is to develop a general corruption prevention regime which provides for the implementation of the Directive, within public and medium or large private companies as well as programmes aimed at preventing and detecting illicit practices (so-called compliance programs). It also protects managers and workers who report malpractice (as required by the Directive.) The document is open to public consultation until October 20th." Portugal,Delayed,29/01/2020,Jan 20,Government commits to transpose EU Directive on whistleblowing,https://www.theportugalnews.com/news/state-to-adopt-eu-whistleblower-directive-into-law-this-year/52851,"The Minister for Justice, Francisca Van Dunem, has announced that the Portuguese Government intends to transpose the EU Directive on Whistleblowing into national law later this year. Van Dunem said that the legislation required to transpose the Directives provisions will be address within an anti-corruption proposal since the issues ‘intersect.’ Portugal currently does not have a comprehensive whistleblowing protection law. NGO Transparency International Portugal published a report in 2018 looking at Whistleblowing Protection in Portugal.","The Minister for Justice, Francisca Van Dunem, has announced that the Portuguese Government intends to transpose the EU Directive on Whistleblowing into national law later this year. Van Dunem said that the legislation required to transpose the Directives provisions will be address within an anti-corruption proposal since the issues ‘intersect.’
Portugal currently does not have a comprehensive whistleblowing protection law.
NGO Transparency International Portugal published a report in 2018 looking at Whistleblowing Protection in Portugal.
" Portugal,Not started,20/04/2019,Apr 19,New law to transpose EU Directive on whistleblowing unlikely during the current parliament,https://www.theportugalnews.com/news/law-to-protect-whistleblowers-unlikely-to-pass-in-this-parliament/49208,"Portugal’s Minister of Justice, Francisca Van Dunem, has announced that a new draft Law to protect whistleblowers is 'unlikely to pass in this parliament.' Van Dunem stated that due to the European elections on 26 May and the general election on 6 October, there was little time for Parliament in Lisbon to transpose the Directive and progress any law through all necessary legislative stages.","Portugal’s Minister of Justice, Francisca Van Dunem, has announced that a new draft Law to protect whistleblowers is 'unlikely to pass in this parliament.' Van Dunem stated that due to the European elections on 26 May and the general election on 6 October, there was little time for Parliament in Lisbon to transpose the Directive and progress any law through all necessary legislative stages.
" Romania,Delayed,14/12/2021,Dec 21,Draft law published,https://www.just.ro/wp-content/uploads/2021/03/14.12.2021-proiect-avertizori.docx,"The Ministry of Justice in Romania has published a revised Draft Whistleblowing Law to transpose the EU Directive on Whistleblowing. The official deadline for the Directive to be transposed is 17 December 2021 and so Romania will miss the deadline. The Proposal expands the minimum standards required by the Directive, as indicated in it’s explanatory memorandum.","The Ministry of Justice in Romania has published a revised Draft Whistleblowing Law to transpose the EU Directive on Whistleblowing. The official deadline for the Directive to be transposed is 17 December 2021 and so Romania will miss the deadline. The Proposal expands the minimum standards required by the Directive, as indicated in it’s explanatory memorandum.
" Romania,Delayed,07/10/2021,Oct 21,Civil society discuss transposition of EU Directive on Whistleblowing ,https://avertizori.ro/,"Civil society organisations, Active Watch and Apador CH hosted a roundtable event to discuss the transposition of the EU Directive on Whistleblowing. The Directive must be fully transposed into Romanian national law before the 17th of December 2021. A representative of the Ministry of Justice announced that the Ministry received further comments from the central authorities and the legislative process will continue following Romania's Parliament approval of a new Government. During the debate, civil society organisations released a Report on whistleblowing protection in Romania which compiled expert statements and interviews with 22 whistleblowers. Consultation on a draft law to implement the Directive has been ongoing in Romania however there is currently no Government following a vote of no-confidence by Parliament.","Civil society organisations, Active Watch and Apador CH hosted a roundtable event to discuss the transposition of the EU Directive on Whistleblowing. The Directive must be fully transposed into Romanian national law before the 17th of December 2021.
A representative of the Ministry of Justice announced that the Ministry received further comments from the central authorities and the legislative process will continue following Romania's Parliament approval of a new Government. During the debate, civil society organisations released a Report on whistleblowing protection in Romania which compiled expert statements and interviews with 22 whistleblowers.
Consultation on a draft law to implement the Directive has been ongoing in Romania however there is currently no Government following a vote of no-confidence by Parliament.
" Romania,Delayed,01/09/2021,Sep 21,Consultation on Draft Whistleblowing Law continues ,https://www.usrplus.ro/bilan_ul_lui_stelian_ion_la_final_de_mandat_reforme_asumate_i_obiective_ndeplinite,"The Ministry of Justice is progressing the legal procedure to transpose the EU Directive on Whistleblowing Into National Law with the Ministry circulated a draft law for comments from central government authorities following a round of consultation which took place in May 2021. Civil society organisations have also submitted additional proposals. On the 1st of September 2021, the Romanian Prime Minister dismissed the Minister of Justice, triggering a political crisis.","The Ministry of Justice is progressing the legal procedure to transpose the EU Directive on Whistleblowing Into National Law with the Ministry circulated a draft law for comments from central government authorities following a round of consultation which took place in May 2021. Civil society organisations have also submitted additional proposals.
On the 1st of September 2021, the Romanian Prime Minister dismissed the Minister of Justice, triggering a political crisis.
" Romania,Delayed,20/04/2021,Apr 21,Conference on Whistleblowing Protection ,https://business-review.eu/br-events/tax-law-lobby-2021 ,"A conference organised by the Business Review focused on whistleblowing protection in Romania. The 18th edition of the Taw, Law and Lobby conference which took place on 20 April 2021 looked at the particularities of whistleblowing legislation and involved stakeholders in the transposition of the EU Directive on Whistleblowing which must be implemented before 17 December 2021 including decision-makers, civil society and representatives of the private sector. ","A conference organised by the Business Review focused on whistleblowing protection in Romania. The 18th edition of the Taw, Law and Lobby conference which took place on 20 April 2021 looked at the particularities of whistleblowing legislation and involved stakeholders in the transposition of the EU Directive on Whistleblowing which must be implemented before 17 December 2021 including decision-makers, civil society and representatives of the private sector.
" Romania,Delayed,05/03/2021,Mar 21,Public consultation on the draft law to transpose EU Directive on whistleblowing now open,http://www.just.ro/proiect-de-lege-privind-protectia-avertizorilor-in-interes-public/,"On 1st of April 2021, the Romanian Ministry of Justice announced an online meeting to debate the transposition of the EU Directive on Whistleblowing and a new draft law on the protection of Whistleblowers. The meeting will take place on the 8th of April, from 10 am to 12 pm (EEST). Interested parties are invited to confirm their interest to participate before the 6th of April. This public debate was requested by several civil society organisations who submitted written comments to stakeholder consultation held in March 2021.","On 1st of April 2021, the Romanian Ministry of Justice announced an online meeting to debate the transposition of the EU Directive on Whistleblowing and a new draft law on the protection of Whistleblowers. The meeting will take place on the 8th of April, from 10 am to 12 pm (EEST). Interested parties are invited to confirm their interest to participate before the 6th of April. This public debate was requested by several civil society organisations who submitted written comments to stakeholder consultation held in March 2021." Romania,Delayed,11/12/2020,Dec 20,Government meets civil society to discuss draft law to transpose EU Directive on whistleblowing,,"The Ministry of Justice in Romania has arranged to meet with civil society organisations, which form a new platform to advocate for the implementation of a National Anticorruption Strategy, to discuss the drafting of legislation to transpose the EU Directive on whistleblowing into national law. It is understood that the Minister had also sought input from public institutions and business associations. A more extensive consultation with a wider group of stakeholders is expected following the publication of a draft Bill. Minutes of the meeting were not made publicly available.","The Ministry of Justice in Romania has arranged to meet with civil society organisations, which form a new platform to advocate for the implementation of a National Anticorruption Strategy, to discuss the drafting of legislation to transpose the EU Directive on whistleblowing into national law. It is understood that the Minister had also sought input from public institutions and business associations. A more extensive consultation with a wider group of stakeholders is expected following the publication of a draft Bill. Minutes of the meeting were not made publicly available." Romania,Delayed,17/11/2020,Nov 20,Civil society coalition to advocate for transposition of EU Directive launched with webinar,http://syene.ro/2020/11/17/webinar-avertizarea-in-interes-public-transpunerea-directivei-ue-si-lansarea-retelei-civicaip/,"The Romanian civic network for whistleblowing (CivicAIP) has organized a webinar on the process of transposition in Romania of the Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law for (whistleblowing) for the 19th November 2020. The panellists are representatives of the Ministry of Justice (the institution responsible for the preparation of a draft transposition law), the National Integrity Agency, and experts from the private and non-profit sectors. CivicAIP was established in 2020 by five NGOs from Romania active in promoting whistleblowing and anti-corruption policies. The purpose of the Network is to promote whistleblowing in Romania as a fundamental way to ensure a responsible work climate, characterized by integrity and the absence of any abuse and discrimination, in public and private organizations.","The Romanian civic network for whistleblowing (CivicAIP) has organized a webinar on the process of transposition in Romania of the Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law for (whistleblowing) for the 19th November 2020.
The panellists are representatives of the Ministry of Justice (the institution responsible for the preparation of a draft transposition law), the National Integrity Agency, and experts from the private and non-profit sectors.
CivicAIP was established in 2020 by five NGOs from Romania active in promoting whistleblowing and anti-corruption policies. The purpose of the Network is to promote whistleblowing in Romania as a fundamental way to ensure a responsible work climate, characterized by integrity and the absence of any abuse and discrimination, in public and private organizations.
" Romania,Delayed,19/10/2020,Oct 20,NGO launches report discussing transposition of EU Directive on whistleblowing,https://www.transparency.org.ro/ro/tiropage/business-integrity-country-agenda,"On the 19th of October 2020, Transparency International Romania launched the Business Integrity Country Agenda (BICA) research report in Romania in which it evaluates, among other topics, the whistleblowing legal provisions and their implementation. The report makes one recommendation on whistleblowing protection for the public sector and one recommendation for the private sector. Recommendation for the public sector: “Accompany the transposition of the European Whistleblowing Directive with clear recommendations and guidelines applicable to institutional procedures, in particular for public procurement departments, tax and customs agencies and other institutions carrying out administrative inspections. They are of special importance procedures to encourage whistleblowers reports, to investigate reported cases and to ensure confidentiality and anonymity of the reports”. Recommendation for the private sector: “National and international companies, especially if they have more than 50 employees, should establish mechanisms to ensure the anonymity and protection of whistleblowers report so as to encourage employees of all levels to report cases of corruption or other irregularities within the company.”","On the 19th of October 2020, Transparency International Romania launched the Business Integrity Country Agenda (BICA) research report in Romania in which it evaluates, among other topics, the whistleblowing legal provisions and their implementation.
The report makes one recommendation on whistleblowing protection for the public sector and one recommendation for the private sector.
Recommendation for the public sector: “Accompany the transposition of the European Whistleblowing Directive with clear recommendations and guidelines applicable to institutional procedures, in particular for public procurement departments, tax and customs agencies and other institutions carrying out administrative inspections. They are of special importance procedures to encourage whistleblowers reports, to investigate reported cases and to ensure confidentiality and anonymity of the reports”.
Recommendation for the private sector: “National and international companies, especially if they have more than 50 employees, should establish mechanisms to ensure the anonymity and protection of whistleblowers report so as to encourage employees of all levels to report cases of corruption or other irregularities within the company.”
" Romania,Delayed,01/04/2020,Apr 20,Working group on the transposition of EU Directive on whistleblowing established,https://sna.just.ro/docs/pagini/56/Raport%20monitorizare%20SNA%202019%20MJ%2002%2004%202020.pdf,"The Romanian Ministry of Justice (MoJ) by Order no. 118/C/2020, has established a working group for the transposition of the Directive on the protection of persons who report breaches of Union law (EU Directive on Whistleblowing.) MoJ representatives have also participated with the EU Commission DGJust expert group meetings on the transposition of the Directive in order to exchange information and good practices between Member States. Romania currently has partial whistleblowing protection in place since 2004 but only for those working in the public sector.","The Romanian Ministry of Justice (MoJ) by Order no. 118/C/2020, has established a working group for the transposition of the Directive on the protection of persons who report breaches of Union law (EU Directive on Whistleblowing.)
MoJ representatives have also participated with the EU Commission DGJust expert group meetings on the transposition of the Directive in order to exchange information and good practices between Member States.
Romania currently has partial whistleblowing protection in place since 2004 but only for those working in the public sector.
" Slovakia,Delayed,13/12/2021,Dec 21,Draft whistleblowing bill progresses,"https://www.slov-lex.sk/legislativne-procesy/-/SK/dokumenty/LP-2021-637 ","A draft Bill of amendments to transpose the EU Directive on Whistleblowing is in the interdepartmental comments procedure. The proposed date that the amendments, which are needed to bring the currenting whistleblowing framework in line with the EU Directive’s minimum requirements, shall enter into force is 1 May 2022. The deadline for all 27 Member States to transpose the Directive was 17 December 2021.","A draft Bill of amendments to transpose the EU Directive on Whistleblowing is in the interdepartmental comments procedure.
The proposed date that the amendments, which are needed to bring the currenting whistleblowing framework in line with the EU Directive’s minimum requirements, shall enter into force is 1 May 2022.
The deadline for all 27 Member States to transpose the Directive was 17 December 2021.
" Slovakia,Delayed,14/11/2021,Nov 21,Whistleblower protection office reports early progress,https://e.dennikn.sk/minuta/2610390,"The newly established Slovakian Whistleblower Protection Office, known as the ÚOO, has been quoted discussing it’s powers to protect persons reporting breaches of law in the Slovakian media claiming that it can protect individuals from both dismissal and other forms of employment detriment such as wrongful transfers. If a whistleblower has requested protection from the ÚOO, the employer needs to be granted consent to give the whistleblower notice of the employment action. Under this system, the onus is on the whistleblower to request protection prior to the employer taking any action, otherwise, the ÚOO will only suspend action against him for 30 days. It also emphasized the importance of whistleblowers reporting in a ‘timely’ manner. Last month, the ÚOO reported that in its first month of operation it had assisted 60 reporting persons. Detailing one of the thirteen cases it handled in the month of September, it stated that in one instance, where a reporter had been threatened with disciplinary action, as management could not sufficiently prove that the response was not retaliation for the whistleblowing report, the ÚOO was able to suspend the disciplinary action. Slovakia is yet to pass a dedicated transposition law to implement the EU Directive on Whistleblowing, which must be completed before the 17 December 2021. It is unclear whether the government thinks the current framework and legislation passed in 2019 already meets the minimum standards of the Directive. Whistleblower protection experts say that further legal reform is needed to bring Slovakia in line with the proposed EU framework. ","The newly established Slovakian Whistleblower Protection Office, known as the ÚOO, has been quoted discussing it’s powers to protect persons reporting breaches of law in the Slovakian media claiming that it can protect individuals from both dismissal and other forms of employment detriment such as wrongful transfers. If a whistleblower has requested protection from the ÚOO, the employer needs to be granted consent to give the whistleblower notice of the employment action. Under this system, the onus is on the whistleblower to request protection prior to the employer taking any action, otherwise, the ÚOO will only suspend action against him for 30 days. It also emphasized the importance of whistleblowers reporting in a ‘timely’ manner.
Last month, the ÚOO reported that in its first month of operation it had assisted 60 reporting persons. Detailing one of the thirteen cases it handled in the month of September, it stated that in one instance, where a reporter had been threatened with disciplinary action, as management could not sufficiently prove that the response was not retaliation for the whistleblowing report, the ÚOO was able to suspend the disciplinary action.
Slovakia is yet to pass a dedicated transposition law to implement the EU Directive on Whistleblowing, which must be completed before the 17 December 2021. It is unclear whether the government thinks the current framework and legislation passed in 2019 already meets the minimum standards of the Directive. Whistleblower protection experts say that further legal reform is needed to bring Slovakia in line with the proposed EU framework.
" Slovakia,Delayed,09/09/2021,Sep 21,Whistleblower protection office and reporting platform launched ,https://www.oznamovatelia.sk/?fbclid=IwAR2uty_-6Vc3O2fQNCXHVIGAXrBGeprSxkjU9OjSBJOl_snk363bRxYM2Lo,"The Office for the Protection of Whistleblowers of Anti-Social Activities, the ÚOOPČ is now open to the public and has launched its website and reporting platform. The office will provide advice and assistance to individuals reporting ‘illegal activities endangering the public interest’ including criminal offences, misdemeanours and torts which have a ‘negative impact on society and outweigh the interests of the individual. ’ The office will focus its capacities on detecting corruption. The Office was established under Slovakia’s Act on the Protection of Whistleblowers of Anti-Social Activities adopted in 2019. There was a lengthy delay in its first president Zuzana Dlugošová being elected in February 2021.","
The Office for the Protection of Whistleblowers of Anti-Social Activities, the ÚOOPČ is now open to the public and has launched its website and reporting platform.
The office will provide advice and assistance to individuals reporting ‘illegal activities endangering the public interest’ including criminal offences, misdemeanours and torts which have a ‘negative impact on society and outweigh the interests of the individual. ’ The office will focus its capacities on detecting corruption.
The Office was established under Slovakia’s Act on the Protection of Whistleblowers of Anti-Social Activities adopted in 2019. There was a lengthy delay in its first president Zuzana Dlugošová being elected in February 2021.
" Slovakia,Delayed,30/08/2021,Aug 21,Consultation on draft whistleblowing law underway,https://www.slov-lex.sk/legislativne-procesy/SK/PI/2021/182,"A short one-week public consultation on draft whistleblowing law underway in Slovakia. The proposal of amendments to the current whistleblowing law are to transpose the EU Directive on Whistleblowing into Slovakian national law. It appears the process was not advertised widely as no official responses were received. Until now, Slovakia was considered to have made minimal or no progress in implementing the directive which must be fully transposed by 17 December 2021.","A short one-week public consultation on draft whistleblowing law underway in Slovakia. The proposal of amendments to the current whistleblowing law are to transpose the EU Directive on Whistleblowing into Slovakian national law.
It appears the process was not advertised widely as no official responses were received. Until now, Slovakia was considered to have made minimal or no progress in implementing the directive which must be fully transposed by 17 December 2021.
" Slovakia,Delayed,05/02/2021,Feb 21,Whistleblowing protection office director appointed by Parliament,https://domov.sme.sk/c/22590617/urad-na-ochranu-whistleblowerov-povedie-zuzana-dlugosova.html,"Two years since the Whistleblowing Protection Law (01 March 2019) established a Slovak Whistleblower Protection Office, and after much delay in the selection process, the National Council of the Slovak Republic has appointed its first Director - Zuzana Dlugosova. Dlugosova’s nomination had previously been blocked in September 2020. The new institution will be the first independent state administration body intended to raise awareness of the protection of whistleblowers as well as provide remuneration in certain cases. It will submit reports on its activities to the National Council of the Slovak Republic annually. The long delay in getting the office operational had been discussed in the media, as have reports of the remuneration of the position. There is speculation that now this appointment has been made, the transposition of the EU Directive is complete as the new framework is perceived to meet the minimum standards of the Directive. This informative video from Transparency International Slovensko provides an overview.","The office will provide advice and assistance to individuals reporting ‘illegal activities endangering the public interest’ including criminal offences, misdemeanours and torts which have a ‘negative impact on society and outweigh the interests of the individual. ’ The office will focus its capacities on detecting corruption.
" Slovenia,Delayed,12/01/2022,Jan 22,Experts on new whistleblowing law,"https://www.transparency.si/novica/zvizgaci-si-zasluzijo-boljsi-zakon/ ","Anti-corruption NGO Transparency International Slovenia (TI-SI) have published their opinion on a new whistleblowing law proposed by the Government. New whistleblower protection legislation is needed in Slovenia to transpose the EU Directive on Whistleblowing which should have been fully implemented by the 17 December 2021. The Ministry of Justice issued the draft proposal for consultation and TI Slovenia’s response include several recommendations to improve the current Bill so that it better protects individuals which speak up in the public interest. Sebastijan Peterka (TI-SI) said: ""Slovenia missed the deadline for the timely transposition of the EU Directive on the protection of whistleblowers. This is certainly not a good thing, but this delay is not an obstacle for the proposer not to send a law to the National Assembly that could be an example to other countries. As we have been saying for the last two years: we are striving to draft and adopt an ambitious, progressive law that will upgrade the directive and offer whistleblowers comprehensive protection.” The paper – which can be read here –identifies several areas the proposed framework should be strengthened to meet international consensus on best practice principles including widening the scope of protection afforded and facilitating anonymous reporting.","Anti-corruption NGO Transparency International Slovenia (TI-SI) have published their opinion on a new whistleblowing law proposed by the Government. New whistleblower protection legislation is needed in Slovenia to transpose the EU Directive on Whistleblowing which should have been fully implemented by the 17 December 2021.
The Ministry of Justice issued the draft proposal for consultation and TI Slovenia’s response include several recommendations to improve the current Bill so that it better protects individuals which speak up in the public interest.
Sebastijan Peterka (TI-SI) said:
""Slovenia missed the deadline for the timely transposition of the EU Directive on the protection of whistleblowers. This is certainly not a good thing, but this delay is not an obstacle for the proposer not to send a law to the National Assembly that could be an example to other countries. As we have been saying for the last two years: we are striving to draft and adopt an ambitious, progressive law that will upgrade the directive and offer whistleblowers comprehensive protection.”
The paper – which can be read here –identifies several areas the proposed framework should be strengthened to meet international consensus on best practice principles including widening the scope of protection afforded and facilitating anonymous reporting.
" Slovenia,Delayed,09/12/2021,Dec 21,Draft whistleblowing law circulated,https://www.gov.si/novice/2021-12-09-mednarodni-dan-boja-proti-korupciji/,"A draft whistleblower protection law has published in Slovenia and sent to stakeholders for consultation. The new legislation will transpose the EU Directive on Whistleblowing into national law. The official deadline for the Directive to be fully implemented is the 17 December 2021. Consultation ends on 23 December 2021. Analysis of the government proposal and approach to implementation will now be underway. Anti-corruption and whistleblowing protection experts have been campaigning for EU Member States to introduce protections more progressive than the Directive to transposition and it has been unclear until now what approach Slovenia will take.","
A draft whistleblower protection law has published in Slovenia and sent to stakeholders for consultation.
The new legislation will transpose the EU Directive on Whistleblowing into national law. The official deadline for the Directive to be fully implemented is the 17 December 2021. Consultation ends on 23 December 2021.
Analysis of the government proposal and approach to implementation will now be underway. Anti-corruption and whistleblowing protection experts have been campaigning for EU Member States to introduce protections more progressive than the Directive to transposition and it has been unclear until now what approach Slovenia will take.
" Slovenia,Delayed,15/07/2021,Jul 21,Slovenia: Draft proposal to transpose EU Directive on whistleblowing expected,https://www.dz-rs.si/wps/portal/Home/seje/evidenca/!ut/p/z1/04_Sj9CPykssy0xPLMnMz0vMAfIjo8zivSy9Hb283Q0N3E3dLQwCQ7z9g7w8nAwsPE31w9EUGAWZGgS6GDn5BhsYGwQHG-lHEaPfAAdwNCBOPx4FUfiNL8gNDQ11VFQEAF8pdGQ!/dz/d5/L2dBISEvZ0FBIS9nQSEh/?mandat=VIII&type=magdt&uid=E1643FCB0925E03AC12586F100266A29,"A new minister of justice has been appointed in Slovenia by the National Assembly. In a hearing which took place last week, he was quoted as stating that, as far as he was aware, a proposal to transpose the EU Directive on Whistleblowing is already being prepared by the ministry and he will strive to ensure that the draft law is passed before the 17 December 2021 deadline. Transparency International Slovenia, who have been monitoring transposition of the Directive and campaigning for comprehensive reforms to strengthen whistleblower protection, will send representations to the new minister requesting to open the drafting process to enable civil society experts to contribute to development of the proposal and emphasising the importance of a quality implementation. The importance of effective legal protection has been highlighted by the most recent results of the TI Global Corruption Barometer which found that 66% of Slovenes fear retaliation for reporting corruption - the third highest proportion of EU countries. ","A new minister of justice has been appointed in Slovenia by the National Assembly. In a hearing which took place last week, he was quoted as stating that, as far as he was aware, a proposal to transpose the EU Directive on Whistleblowing is already being prepared by the ministry and he will strive to ensure that the draft law is passed before the 17 December 2021 deadline.
Transparency International Slovenia, who have been monitoring the transposition of the Directive and campaigning for comprehensive reforms to strengthen whistleblower protection, will send representations to the new minister requesting to open the drafting process to enable civil society experts to contribute to the development of the proposal and emphasising the importance of a quality implementation. The importance of effective legal protection has been highlighted by the most recent results of the TI Global Corruption Barometer which found that 66% of Slovenes fear retaliation for reporting corruption - the third-highest proportion of EU countries.
" Slovenia,Delayed,12/10/2020,Oct 20,Parliament passed amendments to anti-corruption framework relevant to whistleblowing protection,https://www.gov.si/novice/2020-10-21-drzavni-zbor-sprejel-novelo-zakona-o-integriteti-in-preprecevanju-korupcije/,"After several delays, on the 21st of October 2020, the National Assembly has passed amendments to the Integrity and Prevention of Corruption Act, with wide support across the aisle. The Commission for the prevention of corruption welcomed changes to the framework whilst highlighting that new competencies should be met with sufficient resources. TI Slovenia have expressed that the majority of the proposed changes were needed, but that some last-minute amendments do not meet best practices and that further reforms to the anti-corruption framework are needed, including proper transposition of the EU Directive on whistleblowing.","After several delays, on the 21st of October 2020, the National Assembly has passed amendments to the Integrity and Prevention of Corruption Act, with wide support across the aisle.
The Commission for the prevention of corruption welcomed changes to the framework whilst highlighting that new competencies should be met with sufficient resources.
TI Slovenia have expressed that the majority of the proposed changes were needed, but that some last-minute amendments do not meet best practices and that further reforms to the anti-corruption framework are needed, including proper transposition of the EU Directive on whistleblowing.
" Slovenia,Delayed,09/10/2020,Oct 20,NGO calls for a progressive transposition of the EU Directive on whistleblowing,http://transparency.si/8-novice/452-primer-gale-zascita-zvizgacev-v-sloveniji-je-se-vedno-pomanjkljiva,"TI Slovenia have published a call for a progressive transposition of the Directive on whistleblowing, highlighting a recent case of a high profile whistleblower who exposed COVID-19 procurement irregularities which clearly shows the inadequacies of the existing whistleblowing framework in Slovenia and the need for stronger provisions.","TI Slovenia have published a call for a progressive transposition of the Directive on whistleblowing, highlighting a recent case of a high profile whistleblower who exposed COVID-19 procurement irregularities which clearly shows the inadequacies of the existing whistleblowing framework in Slovenia and the need for stronger provisions.
" Slovenia,Delayed,25/09/2020,Sep 20,Whistleblower Protection at Work in the Visegrad Conference discusses Slovenian law,https://wpia.uni.lodz.pl/en/research/whistlepro,"An international online conference ‘Whistleblower Protection at Work’ in the Visegrad Group countries, France and Slovenia held by the University of Lodz took place on the 25 of September 2020. Presentations were given by academics, public officials and civil society experts providing a comparative analysis of the Directive and current national frameworks in France, Slovenia, Hungary, Czech Republic, Poland and Slovakia – see the full programme here. This was the first planned “WhistlePro” conference aimed at improving whistleblower protections in the region and a second event is scheduled to take place in Prague in June 2021. You can watch a recording of the conference here.","An international online conference ‘Whistleblower Protection at Work’ in the Visegrad Group countries, France and Slovenia held by the University of Lodz took place on the 25 of September 2020.
Presentations were given by academics, public officials and civil society experts providing a comparative analysis of the Directive and current national frameworks in France, Slovenia, Hungary, Czech Republic, Poland and Slovakia – see the full programme here. This was the first planned “WhistlePro” conference aimed at improving whistleblower protections in the region and a second event is scheduled to take place in Prague in June 2021. You can watch a recording of the conference here.
" Slovenia,Delayed,03/07/2020,Jul 20,NGO meets minister to discuss transposition of EU Directive on whistleblowing,https://www.gov.si/novice/2020-07-03-vodstvo-ministrstva-se-je-srecalo-s-predstavnikoma-transparency-international-slovenija/,"In a public report of the meeting of the Ministry of Justice, Slovenian officials reiterated that the transposition of the EU Directive on whistleblowing (2019/1937) is one of their key priorities and that the draft law is being intensively prepared by key members of the government and institutions.","In a public report of the meeting of the Ministry of Justice, Slovenian officials reiterated that the transposition of the EU Directive on whistleblowing (2019/1937) is one of their key priorities and that the draft law is being intensively prepared by key members of the government and institutions.
" Slovenia,Delayed,23/06/2020,Jun 20,Government fails to address key deficiencies in the anti-corruption framework relevant to whistleblowing protection,https://www.dz-rs.si/wps/portal/Home/deloDZ/seje/evidenca?mandat=VIII&type=dt&uid=13237EEF972CF6A7C12585900041E9E9,"The National Assembly has stated that it has postponed the second reading of the Integrity and Prevention of Corruption Act amendments. The amendments currently under discussion since 2015 address some of the key loopholes of the anti-corruption framework as highlighted by experts, civil society, the CPC and GRECO (see 5th evaluation round) are now not being processed by the National Assembly's Justice Committee. Despite the President of the Justice Committee stating that he wants to ensure more time is available to deputies to discuss the proposed amendments, yet another postponement shows the lack of political will to implement the most necessary anti-corruption reforms. The lack of political will could be detrimental to the timeliness or quality of the transposition of the EU Whistleblowing Directive.","The National Assembly has stated that it has postponed the second reading of the Integrity and Prevention of Corruption Act amendments.
The amendments currently under discussion since 2015 address some of the key loopholes of the anti-corruption framework as highlighted by experts, civil society, the CPC and GRECO (see 5th evaluation round) are now not being processed by the National Assembly's Justice Committee.
Despite the President of the Justice Committee stating that he wants to ensure more time is available to deputies to discuss the proposed amendments, yet another postponement shows the lack of political will to implement the most necessary anti-corruption reforms.
The lack of political will could be detrimental to the timeliness or quality of the transposition of the EU Whistleblowing Directive.
" Slovenia,Delayed,24/04/2020,Apr 20,Minister of Justice meets new President of the EU Commission for the prevention of corruption,https://www.gov.si/novice/2020-04-24-ministrica-kozlovic-s-predsednikom-kpk-sumijem-o-krepitvi-protikorupcijske-komisije/,"Government Minister Kozlovič has met with Dr. Robert Šumi who started his term as president of the Commission for the prevention of corruption (CPC) on April 1st 2020. The CPC reported that both parties agreed that the commission has sufficient know-how to take a central role in the new whistleblowing protection framework following the transposition of the EU Directive on whistleblowing, given additional financial and human capacities. The Ministry of Justice reported that transposition is one of their key priorities and the Minister emphasised that legal protection has to be ensured for all types of whistleblowers.","Government Minister Kozlovič has met with Dr. Robert Šumi who started his term as president of the Commission for the prevention of corruption (CPC) on April 1st 2020.
The CPC reported that both parties agreed that the commission has sufficient know-how to take a central role in the new whistleblowing protection framework following the transposition of the EU Directive on whistleblowing, given additional financial and human capacities.
The Ministry of Justice reported that transposition is one of their key priorities and the Minister emphasised that legal protection has to be ensured for all types of whistleblowers.
" Slovenia,Delayed,24/03/2020,Mar 20,The government recognises the need to transpose the EU Directive on whistleblowing,https://www.dz-rs.si/wps/portal/Home/deloDZ/seje/evidenca?mandat=VIII&type=magdt&uid=E790A146D6D7B53FC1258529005FCF67,"The Government of Marjan Šarec has stepped down and Slovenia has avoided snap elections with the creation of a new coalition. During a hearing in front of the National Assembly's Committee for justice, the candidate for the new Minister of Justice, Lilijana Kozlovič, acknowledged the necessity to transpose the EU Whistleblowing Directive and stated that certain activities are already being conducted in that direction. Lilijana Kozlovič was subsequently confirmed as the new minister.","The Government of Marjan Šarec has stepped down and Slovenia has avoided snap elections with the creation of a new coalition. During a hearing in front of the National Assembly's Committee for justice, the candidate for the new Minister of Justice, Lilijana Kozlovič, acknowledged the necessity to transpose the EU Whistleblowing Directive and stated that certain activities are already being conducted in that direction.
Lilijana Kozlovič was subsequently confirmed as the new minister.
" Slovenia,Delayed,24/01/2020,Jan 20,Ministry for Justice reveals plans for the transposition of EU Directive on whistleblowing,https://www.gov.si/novice/2020-01-24-odziv-ministrstva-za-pravosodje-na-porocilo-indeksa-zaznave-korupcije-za-leto-2019/,"In a response to the 2019 Corruption Perception Index, the Ministry of Justice revealed its plans for whistleblower protection reform. The published document states that the Ministry emphasises the importance of whistleblowers for corruption prevention and that it will aim to fully protect them from retaliation. The ministry also stated that it plans to establish a working group from representatives from several members of the government (Ministry of Justice, Ministry of Public Administration and Ministry for Economic Development) and other relevant institutions. The statement said that the draft law should be expected by the end of 2020, while a comprehensive public debate is planned for early 2021.","In a response to the 2019 Corruption Perception Index, the Ministry of Justice revealed its plans for whistleblower protection reform. The published document states that the Ministry emphasises the importance of whistleblowers for corruption prevention and that it will aim to fully protect them from retaliation.
The ministry also stated that it plans to establish a working group from representatives from several members of the government (Ministry of Justice, Ministry of Public Administration and Ministry for Economic Development) and other relevant institutions.
The statement said that the draft law should be expected by the end of 2020, while a comprehensive public debate is planned for early 2021.
" Spain,Delayed,17/12/2021,Dec 21,Media reports on Spain's failure to implement whistleblowing rules,https://www.newtral.es/transposicion-directiva-alertadores/20211218/?utm_medium=Social&utm_campaign=Echobox-Twitter&utm_source=Twitter#Echobox=1639821440,"Public consultation on proposals for transposition of the EU Directive into Spanish law was launched by the Ministry of Justice. NGO Xnet has responded to the proposals with a forty-page report, found here. The call for submissions ends today.
" Spain,Delayed,02/07/2020,Jul 20,Civil society publish an open letter calling for an inclusive transposition of the EU Directive on whistleblowing,https://www.blueprintforfreespeech.net/en/news/abre-coalition-open-letter-calling-for-a-participatory-transposition-for-the-protection-of-whistleblowers-in-spain,"NGO Blueprint for Free Speech is joined by more than 15 civil society organisations in publishing an open letter to the Ministry of Justice, requesting an open and participatory legislative process for the transposition of the European Directive 2019/1937, of the European Parliament and Council, on the protection of persons who report infringements of Union law. Organisations advocating for whistleblower protection have requested an inclusive and transparent process to transpose the European Directive 2019/1937 into Spanish law. Spain faces the obligation and challenge to transpose EU Directive on Whistleblowing. Many whistleblowers are currently exposed to risks when revealing wrongdoing and may suffer retaliation, changes in their working conditions, persecution, defamation and even physical harm. With regards to the current legislation, various proposals from political parties and coalitions have been presented. Recently, the proposal made by Ciudadanos political party was voted down by Congress, on the basis that it was considered ""insufficient"" to protect whistleblowers. Other legislative alternatives have originated from the work and commitment of civil organizations. On 2nd June, the Ministry of Justice established a Working Group that depends on the Codification Commission, composed of members from various social sectors, without taking into consideration the opinion of whistleblowers who have experienced victimisation and civil society organisations with expertise in this area. Due to this, more than 15 civil society organisations agreed to publish an open letter to the Ministry of Justice, requesting an inclusive and transparent legislative process, without waiting until December to see the final results. Whilst the Commission's statutes do not establish a participatory consultation mechanism, the signatory organisations believe it is legitimate to request the establishment of a formal channel to present expert opinions that should be taken into consideration during the transposition process. The initiative, promoted by Blueprint for Free Speech and NGO FIBGAR, hopes an open consultation process will achieve an ambitious, horizontal, and responsible transposition of the Directive.","NGO Blueprint for Free Speech is joined by more than 15 civil society organisations in publishing an open letter to the Ministry of Justice, requesting an open and participatory legislative process for the transposition of the European Directive 2019/1937, of the European Parliament and Council, on the protection of persons who report infringements of Union law.
Organisations advocating for whistleblower protection have requested an inclusive and transparent process to transpose the European Directive 2019/1937 into Spanish law.
Spain faces the obligation and challenge to transpose EU Directive on Whistleblowing. Many whistleblowers are currently exposed to risks when revealing wrongdoing and may suffer retaliation, changes in their working conditions, persecution, defamation and even physical harm. With regards to the current legislation, various proposals from political parties and coalitions have been presented.
Recently, the proposal made by Ciudadanos political party was voted down by Congress, on the basis that it was considered ""insufficient"" to protect whistleblowers. Other legislative alternatives have originated from the work and commitment of civil organizations.
On 2nd June, the Ministry of Justice established a Working Group that depends on the Codification Commission, composed of members from various social sectors, without taking into consideration the opinion of whistleblowers who have experienced victimisation and civil society organisations with expertise in this area.
Due to this, more than 15 civil society organisations agreed to publish an open letter to the Ministry of Justice, requesting an inclusive and transparent legislative process, without waiting until December to see the final results.
Whilst the Commission's statutes do not establish a participatory consultation mechanism, the signatory organisations believe it is legitimate to request the establishment of a formal channel to present expert opinions that should be taken into consideration during the transposition process. The initiative, promoted by Blueprint for Free Speech and NGO FIBGAR, hopes an open consultation process will achieve an ambitious, horizontal, and responsible transposition of the Directive.
" Spain,Delayed,29/06/2020,Jun 20,Civil Society propose improved whistleblowing protection in legal framework to protect children ,https://xnet-x.net/en/propuesta-mejora-leyrhodes-proteccion-infancia/,"Digital rights NGO Xnet have proposed amendments to the #LeyRhodes, Organic Law for the comprehensive protection of children and teenagers against violence to improve the law from the perspective of whistleblower protection as it includes an obligation for certain individuals to report information breaches of the law whistleblowers. Xnet points out possible improvements to the text of the Organic Law for the comprehensive protection of children and teenagers from violence or “Rhodes Law” from the perspective of whistleblowers who comply with the obligation to report established by the law. The text has been improved to tighten confidentiality and protection provisions. The issue also raises the importance of the obligations of competent authorities to accept anonymous reporting, as is topical for the transposition of the EU Directive on Whistleblowing into Spanish Law. Xnet have drafted a comprehensive legislative proposal to implement the Directive beyond minimal standards to reflect international best practice consensus. ","Digital rights NGO Xnet have proposed amendments to the #LeyRhodes, Organic Law for the comprehensive protection of children and teenagers against violence to improve the law from the perspective of whistleblower protection as it includes an obligation for certain individuals to report information breaches of the law whistleblowers.
Xnet points out possible improvements to the text of the Organic Law for the comprehensive protection of children and teenagers from violence or “Rhodes Law” from the perspective of whistleblowers who comply with the obligation to report established by the law. The text has been improved to tighten confidentiality and protection provisions. The issue also raises the importance of the obligations of competent authorities to accept anonymous reporting, as is topical for the transposition of the EU Directive on Whistleblowing into Spanish Law. Xnet have drafted a comprehensive legislative proposal to implement the Directive beyond minimal standards to reflect international best practice consensus.
" Spain,Delayed,18/06/2020,Jun 20,Congress blocks ‘insufficient’ whistleblowing protection law,https://www.blueprintforfreespeech.net/en/news/spanish-congress-blocks-insufficient-whistleblowing-protection-law,"On 17 June 2020, the Spanish Congress voted against an anti-corruption proposal that aimed to transpose the EU Whistleblower Directive into national law. Civil society experts have said that this is good news: Earlier this week NGOs published an explanation as to why it was a weak proposal that would not fulfil the minimum standards required by the EU Directive on whistleblowing. With 178 votes for NO and 159 YES, the majority in the Spanish Congress rejected the bill on the basis that the proposal was “opportunistic” and “insufficient”. Those who voted against included the governing political parties PSOE and Unidas Podemos, as well as Esquerra Republicana and PNV (Partido Nacionalista Vasco). The parliamentary debate affirmed how fundamental whistleblower protection is to the fight against corruption, although the discussion also turned from the technical aspects proposed law into the political conflict that often take over in the Spanish Congress. After two hours' debate, the proposal, supported by the two conservative parties Partido Popular and VOX, was finally blocked. PSOE, the stronger party in the coalition in Government, announced that the Ministry of Justice would establish a Working Group, populated by representatives from different relevant sectors for transposition, to work out a formal proposal for reform. The group designed with the task has until 17 December 2021 to complete their work. Civil society hopes this process will lead to a better, more considered proposal for introducing whistleblower protection in Spain. After a period of relative silence, Spain has now started down the road to a national transposition of the EU Directive to protect whistleblowers.","On 17 June 2020, the Spanish Congress voted against an anti-corruption proposal that aimed to transpose the EU Whistleblower Directive into national law.
Civil society experts have said that this is good news: Earlier this week NGOs published an explanation as to why it was a weak proposal that would not fulfil the minimum standards required by the EU Directive on whistleblowing.
With 178 votes for NO and 159 YES, the majority in the Spanish Congress rejected the bill on the basis that the proposal was “opportunistic” and “insufficient”.
Those who voted against included the governing political parties PSOE and Unidas Podemos, as well as Esquerra Republicana and PNV (Partido Nacionalista Vasco).
The parliamentary debate affirmed how fundamental whistleblower protection is to the fight against corruption, although the discussion also turned from the technical aspects proposed law into the political conflict that often take over in the Spanish Congress.
After two hours' debate, the proposal, supported by the two conservative parties Partido Popular and VOX, was finally blocked. PSOE, the stronger party in the coalition in Government, announced that the Ministry of Justice would establish a Working Group, populated by representatives from different relevant sectors for transposition, to work out a formal proposal for reform.
The group designed with the task has until 17 December 2021 to complete their work. Civil society hopes this process will lead to a better, more considered proposal for introducing whistleblower protection in Spain.
After a period of relative silence, Spain has now started down the road to a national transposition of the EU Directive to protect whistleblowers.
" Spain,Delayed,16/06/2020,Jun 20,Proposal to transpose EU Directive on whistleblowing debated,https://www.blueprintforfreespeech.net/en/news/spain-to-debate-whistleblower-protection-proposal,"After many delays, whistleblower protection has made it onto the legislative agenda in Spain. Over the next two days, Spain’s Congress will debate and vote on a proposal made by the political party Ciudadanos. If the proposal is supported, this will be the real start of practical discussions about how to transpose the EU Whistleblower Directive 2019/1937 into national law. Blueprint for Free Speech has conducted a legal analysis of the Ciudadanos’ proposal showing that the proposal as it stands does not adequately replicate the standards in the EU Directive, falling short in key issues, such as the creation of internal channels in the private and public sector and the protection of disclosures to the public. Spain needs to transpose the EU Directive into Spanish national law by the end of 2021. When it does so, it should also take the opportunity to apply international standards on top of this. The proposed legislation is inadequate and does not meet the legal requirement on Spain to apply the EU Directive protecting whistleblowers. This is particularly so since there are better options already on the table for the Congress that meet these higher standards and fully apply the EU Directive. Spain cannot look to the past while Europe looks forward.","After many delays, whistleblower protection has made it onto the legislative agenda in Spain.
Over the next two days, Spain’s Congress will debate and vote on a proposal made by the political party Ciudadanos. If the proposal is supported, this will be the real start of practical discussions about how to transpose the EU Whistleblower Directive 2019/1937 into national law.
Blueprint for Free Speech has conducted a legal analysis of the Ciudadanos’ proposal showing that the proposal as it stands does not adequately replicate the standards in the EU Directive, falling short in key issues, such as the creation of internal channels in the private and public sector and the protection of disclosures to the public.
Spain needs to transpose the EU Directive into Spanish national law by the end of 2021. When it does so, it should also take the opportunity to apply international standards on top of this. The proposed legislation is inadequate and does not meet the legal requirement on Spain to apply the EU Directive protecting whistleblowers.
This is particularly so since there are better options already on the table for the Congress that meet these higher standards and fully apply the EU Directive. Spain cannot look to the past while Europe looks forward.
" Spain,Delayed,22/05/2020,May 20,Civil society alarmed at judges interpretation of the EU Whistleblowing Directive in whistleblower case ,https://blogs.publico.es/dominiopublico/33072/la-proteccion-de-las-y-los-alertadores-que-ayudan-a-destapar-abusos-y-corrupcion-no-puede-ser-interpretable-debe-ser-un-hecho-el-caso-de-roberto-macias/,"The whistleblower Roberto Macías has been sentenced to 2 years imprisonment in Spain for reporting information on corruption in the trade union organisation where he worked. In the ruling on the case, the judge referred to the EU Directive on Whistleblowing which is currently being implemented into Spanish law. The judgement acknowledged that the Directive did seek to protect whistleblowers who publicly disclosed information (such as to the media) but that this required “…the person to have first made a complaint through internal or external channels, without appropriate measures having been taken"". NGO Xnet has analysed the judgement which they find to be a serious misreading of the aims and spirit of the Directive.","The whistleblower Roberto Macías has been sentenced to 2 years imprisonment in Spain for reporting information on corruption in the trade union organisation where he worked. In the ruling on the case, the judge referred to the EU Directive on Whistleblowing which is currently being implemented into Spanish law. The judgement acknowledged that the Directive did seek to protect whistleblowers who publicly disclosed information (such as to the media) but that this required “…the person to have first made a complaint through internal or external channels, without appropriate measures having been taken"". NGO Xnet has analysed the judgement which they find to be a serious misreading of the aims and spirit of the Directive.
" Spain,Delayed,14/01/2020,Jan 20,Civil society concerned official translation of the EU Directive on Whistleblowing undermines whistleblower protection rights,https://xnet-x.net/en/xnet-claims-spanish-translation-european-directive-whistleblowers/,"NGO Xnet have sent a letter to the European Commission and to the Permanent Delegation of Spain raising concerns that the proposed translation of the EU Directive on Whistleblowing which jeopardises legal protections for whistleblowers. They have urged that for a correction be issued to remove any use of the term “denunciante” as the translation of “whistleblower” because in the context of the Spanish legal system, “denuncia” and “denunciante” have pre-existing legal meanings under Articles 259 to 269 of the Criminal Procedure Act. This approach would impose obligations which conflict with the provisions of the Directive. The proposal recommends instead the use of the the terms ""alertador"", ""alerta"" and ""canales de alerta"" which would be more favourable to whistleblower protection and thus adhere to the tenet of the Directive which must be transposed into national law by the 17 December 2021.","NGO Xnet have sent a letter to the European Commission and to the Permanent Delegation of Spain raising concerns that the proposed translation of the EU Directive on Whistleblowing which jeopardises legal protections for whistleblowers. They have urged that for a correction be issued to remove any use of the term “denunciante” as the translation of “whistleblower” because in the context of the Spanish legal system, “denuncia” and “denunciante” have pre-existing legal meanings under Articles 259 to 269 of the Criminal Procedure Act. This approach would impose obligations which conflict with the provisions of the Directive. The proposal recommends instead the use of the the terms ""alertador"", ""alerta"" and ""canales de alerta"" which would be more favourable to whistleblower protection and thus adhere to the tenet of the Directive which must be transposed into national law by the 17 December 2021." Spain,Delayed,11/12/2019,Dec 19,NGO registers first draft law to transpose EU Directive on whistleblowing,https://xnet-x.net/en/xnet-primera-transposicion-ley-alertadores-whistleblowers-denunciantes/,"The first proposal presented to the Spanish legislature for the transposition of the EU Directive on whistleblowing is the result of the collaboration of civil society with its representatives in Congress. The Bill proposed by Xnet was registered in the Spanish Congress with the support of 16 deputies. “The proposal for legislation has been registered with the initial support of sixteen deputies of the Courts (according to the Xnet’s method), belonging to political groups Compromís, ERC, Más País, BNG. It is an initiative of Xnet, which has been also responsible for writing the text, as a member and in coordination with the Whistleblowing International Network and the Government Accountability Project in the US, and has the support of Blueprint for Free Speech and Eva Joly, magistrate and former MEP leader fighting against corruption and for the protection of whistleblowers, Plataforma por la Honestidad, and whistleblowers like Luis Gonzalo Segura, the former lieutenant of the Spanish Army and whistleblowers, amongst others. The registration of the Bill comes few days after the Directive enters into force in Europe and three weeks after the publication of two reports prepared by the Council of Europe’s Group of States against Corruption (GRECO), in which Spain was urged to achieve concrete results regarding the fight against corruption and regretting that a comprehensive and effective framework for the protection of whistleblowers is yet to be introduced in Spain. The EU Directive on whistleblowing, which was approved with a broad consensus of all groups in the European Parliament (EP) last April (591 votes in favour, 29 against, 33 abstentions), has been published on the 26th November 2020. As was the case in the European Parliament, this proposal aims to obtain the widest possible consensus in the Spanish Congress. If approved, it would make Spain the first country in the EU to transpose the Directive, a development which would be particularly welcomed in a country where whistleblowers lack any protection and which suffers a high degree of corruption.” The proposed law can be read on in the Xnet website here.","The first proposal presented to the Spanish legislature for the transposition of the EU Directive on whistleblowing is the result of the collaboration of civil society with its representatives in Congress. The Bill proposed by Xnet was registered in the Spanish Congress with the support of 16 deputies.
“The proposal for legislation has been registered with the initial support of sixteen deputies of the Courts (according to the Xnet’s method), belonging to political groups Compromís, ERC, Más País, BNG.
It is an initiative of Xnet, which has been also responsible for writing the text, as a member and in coordination with the Whistleblowing International Network and the Government Accountability Project in the US, and has the support of Blueprint for Free Speech and Eva Joly, magistrate and former MEP leader fighting against corruption and for the protection of whistleblowers, Plataforma por la Honestidad, and whistleblowers like Luis Gonzalo Segura, the former lieutenant of the Spanish Army and whistleblowers, amongst others.
The registration of the Bill comes few days after the Directive enters into force in Europe and three weeks after the publication of two reports prepared by the Council of Europe’s Group of States against Corruption (GRECO), in which Spain was urged to achieve concrete results regarding the fight against corruption and regretting that a comprehensive and effective framework for the protection of whistleblowers is yet to be introduced in Spain. The EU Directive on whistleblowing, which was approved with a broad consensus of all groups in the European Parliament (EP) last April (591 votes in favour, 29 against, 33 abstentions), has been published on the 26th November 2020.
As was the case in the European Parliament, this proposal aims to obtain the widest possible consensus in the Spanish Congress. If approved, it would make Spain the first country in the EU to transpose the Directive, a development which would be particularly welcomed in a country where whistleblowers lack any protection and which suffers a high degree of corruption.”
The proposed law can be read on in the Xnet website here.
The Proposition of Law for the Integral Protection of Whistleblowers proposed by NGO Xnet was registered in the Parliament of Catalonia on 25 June 2018. Civil society expert Simona Levi addressed the Transparency Committee of the Parliament of Catalonia to promote amendments to #LeyAlertadoresXnet to adapt it to the EU Directive on Whistleblowing. To bring the draft Bill in line with the EU Directive, several adaptations have been proposed, see here.
" Sweden,Law adopted ,28/10/2021,Oct 21,New Whistleblowing Framework Finalised,https://www.riksdagen.se/sv/dokument-lagar/arende/betankande/genomforande-av-visselblasardirektivet_H901AU3,"On 29 September 2021, the Swedish Parliament approved new legislation to transpose the EU Directive on Whistleblowing into Swedish national law. The new act received support by all parties represented in Parliament and will enter into force on 17 December 2021, the deadline for transposition for all 27 EU Member States. Sweden will become the second country to have adopted a transposition law, following Denmark which passed a new law in June. On 28 October 2021, the Government adopted two further supplementary regulations (‘Förordning’) to the new legislation. Firstly, 30 national authorities have been nominated as competent authorities to handle whistleblowing reports in a new ‘ordinance on protection for persons reporting wrongdoings’. The regulation clarifies which national authorities are responsible for acting as an external channel for each of the policy areas listed in the Directive, with multiple authorities listed for several types of policy areas. The Swedish Work Environment Authority has been selected to be the authority with responsibility for oversight over the functioning of the external reporting channels. Secondly, an ‘ordinance on state funding for information and advice regarding protection for persons reporting wrongdoings’ was also adopted. Under this regulation, the Swedish Work Environment Authority has been tasked with providing funding to trade unions and employer organisations as well as civil society organisations working on “issues relating to safety and the environment in working life and against corruption and other abuses in the workplace.” The purpose of the grants is to ensure that whistleblowers covered by the protection under the new law receive clear, easily accessible and free information and advice on: The nature of the protection afforded under the new framework The reporting channels and procedures which must be established The processing of personal data; and Confidentiality measures including regulation of confidentiality in the investigation of reports of wrongdoing under the Public Access to Information and Secrecy Act (2009:400)","On 29 September 2021, the Swedish Parliament approved new legislation to transpose the EU Directive on Whistleblowing into Swedish national law. The new act received support by all parties represented in Parliament and will enter into force on 17 December 2021, the deadline for transposition for all 27 EU Member States. Sweden will become the second country to have adopted a transposition law, following Denmark which passed a new law in June.
On 28 October 2021, the Government adopted two further supplementary regulations (‘Förordning’) to the new legislation.
Firstly, 30 national authorities have been nominated as competent authorities to handle whistleblowing reports in a new ‘ordinance on protection for persons reporting wrongdoings’. The regulation clarifies which national authorities are responsible for acting as an external channel for each of the policy areas listed in the Directive, with multiple authorities listed for several types of policy areas. The Swedish Work Environment Authority has been selected to be the authority with responsibility for oversight over the functioning of the external reporting channels.
Secondly, an ‘ordinance on state funding for information and advice regarding protection for persons reporting wrongdoings’ was also adopted. Under this regulation, the Swedish Work Environment Authority has been tasked with providing funding to trade unions and employer organisations as well as civil society organisations working on “issues relating to safety and the environment in working life and against corruption and other abuses in the workplace.” The purpose of the grants is to ensure that whistleblowers covered by the protection under the new law receive clear, easily accessible and free information and advice on:
The Government of Sweden has submitted a Bill on whistleblowing to strengthen the whistleblower protection framework. The proposal was presented during an official press conference held by the Ministry of Employment on 20 May 2021, the day of the Government decision.
Previous to the decision a draft bill was on 15 April 2021 submitted to the Swedish Council on Legislation, which scrutinizes bills before they are submitted to Parliament. The Council on Legislation had no objections and the main law proposal in the Government bill now introduced is identical to the one submitted to the Council.
The Bill would transpose the EU Directive on whistleblowing into national law and will enter into force on the 17th of December 2021, which is the deadline for transposition. The law proposals introduced by the Bill go beyond the minimum standards required by the Directive and introduces protection for public interest reporting and disclosures horizontally, which means all thematic areas covered by the Directive, and beyond. Reporting on wrongdoing which is a matter of public interest matter is covered, including reports and disclosures of breaches of both national as well as EU law.
The Minister for Employment Eva Nordmark has previously stated a commitment to improving the protection of whistleblowers in Sweden. A comprehensive inquiry was launched by the Government on 29 May 2019 to assess the reforms needed to bring the framework in line with developments. The draft law proposed by the inquiry in its final report of June 2020 received some criticism for being difficult to understand. Compared to the draft proposal laid out in the report, amendments have been made to the current Bill to make the law easier to read.
Sweden’s constitutional freedom to disclose information anonymously, including the subsequent ban on investigating sources, which applies to the public sector, is unaffected by the Bill. There had been concern that this constitutional freedom would be restricted in the process of adopting the Directive. The proposed law will for the public sector only add a new possibility to report via the reporting channels which will need to be set up. Previous attempts at reform to extend these freedoms beyond the public sector is now put together in one comprehensive law.
The law proposals now submitted to Parliament follows a time of substantial media coverage to a whistleblower case in a private elderly care company who faced reprisals following a public disclosure.
A recent progress report on transposition found that most member states were delayed and lacking transparency in transposing the Directive. Sweden was one of only four countries found to have made taken moderate or substantive progress, with 17 member states having made minimal or none.
" Sweden,Delayed,02/11/2020,Nov 20,Consultation on the draft law to transpose EU Directive on whistleblowing finalised,https://www.regeringen.se/remisser/2020/07/remiss-av-sou-202038/,"Public consultation on Sweden’s draft law to implement the EU Directive on whistleblowing has ended. Over 150 stakeholders were invited to participate. The Ministry of Labour has published the responses from a broad range of stakeholders who responded to the consultation. Civil society groups have raised concerns that the proposal would create too much complexity in the legal framework to protect whistleblowers.","Public consultation on Sweden’s draft law to implement the EU Directive on whistleblowing has ended. Over 150 stakeholders were invited to participate.
The Ministry of Labour has published the responses from a broad range of stakeholders who responded to the consultation.
Civil society groups have raised concerns that the proposal would create too much complexity in the legal framework to protect whistleblowers.
" Sweden,Delayed,30/06/2020,Jun 20,Committee delivers a report on the proposal to transpose EU Directive on whistleblowing,https://www.regeringen.se/49f2d1/contentassets/8da2073fda1645ec946ca4eca8bd6b6a/okad-trygghet-for-visselblasare-sou-2020-38.pdf,"On 29 June 2020 the Inquiry on the Swedish transposition of the Directive, which has been ongoing since 29 May 2019, delivered its 802 page-long report containing a proposal for new legislation on the protection of persons reporting wrongdoing, intended to replace the existing Whistleblowing Act which has been in force since 2017, as well as an additional law change and various new or amended provisions. It is proposed that the law also shall apply to breaches occurring abroad. For reporting channels, it is proposed that under certain conditions it shall be allowed to set up a single channel for companies with activities in several countries. If the company in Sweden employs more than 249 persons there must be a dedicated channel in Sweden. Noteworthy in the proposal is also the horizontal approach which not limited to the areas covered by the Directive; inclusion of both private and public sectors; public disclosure; that consultation with trade union would be protected; and, that collective agreements may replace the design of the reporting channel provided that the rights of the reporting persons lives up to the Directive’s requirements. The Inquiry also proposes governmental grants to be put in place for trade unions and non-governmental organisations to give advice and provide information to whistleblowers. A few issues are not resolved in the proposal: Recital 32 states that “persons should be entitled to protection under this Directive if they have reasonable grounds to believe that the information reported falls within its scope” which appears to be absent from the proposal. The proposed amendment are to enter into force is 1 December 2021. A consultation process will now follow where relevant stakeholders, including f government agencies and NGOs can comment on the report. The Government will now draft a new proposal which is to be submitted to Parliament (and its committee on the topic) for consideration, debate, amendments and a final vote. The summary of the inquiry in English can be found in pages 33-40.","On 29 June 2020 the Inquiry on the Swedish transposition of the Directive, which has been ongoing since 29 May 2019, delivered its 802 page-long report containing a proposal for new legislation on the protection of persons reporting wrongdoing, intended to replace the existing Whistleblowing Act which has been in force since 2017, as well as an additional law change and various new or amended provisions.
It is proposed that the law also shall apply to breaches occurring abroad. For reporting channels, it is proposed that under certain conditions it shall be allowed to set up a single channel for companies with activities in several countries. If the company in Sweden employs more than 249 persons there must be a dedicated channel in Sweden.
Noteworthy in the proposal is also the horizontal approach which not limited to the areas covered by the Directive; inclusion of both private and public sectors; public disclosure; that consultation with trade union would be protected; and, that collective agreements may replace the design of the reporting channel provided that the rights of the reporting persons lives up to the Directive’s requirements.
The Inquiry also proposes governmental grants to be put in place for trade unions and non-governmental organisations to give advice and provide information to whistleblowers.
A few issues are not resolved in the proposal: Recital 32 states that “persons should be entitled to protection under this Directive if they have reasonable grounds to believe that the information reported falls within its scope” which appears to be absent from the proposal.
The proposed amendment are to enter into force is 1 December 2021. A consultation process will now follow where relevant stakeholders, including f government agencies and NGOs can comment on the report.
The Government will now draft a new proposal which is to be submitted to Parliament (and its committee on the topic) for consideration, debate, amendments and a final vote.
The summary of the inquiry in English can be found in pages 33-40.
" Sweden,Delayed,09/06/2020,Jun 20,Committee report on the transposition of EU Directive on whistleblowing delayed,,The Exploratory Committee that was due to deliver its final report on the transposition of the EU Directive on whistleblowing before 29 May 2020 has been granted an extension. The new deadline to deliver the report on the inquiry to the Swedish Government is 30 June 2020.,The Exploratory Committee that was due to deliver its final report on the transposition of the EU Directive on whistleblowing before 29 May 2020 has been granted an extension. The new deadline to deliver the report on the inquiry to the Swedish Government is 30 June 2020. Sweden,Delayed,29/05/2019,May 19,Investigation into transposition of EU Directive on whistleblowing announced,https://www.regeringen.se/rattsliga-dokument/kommittedirektiv/2019/06/dir.-201924/,"Sweden has announced that a Special Investigator has been assigned to investigate how to transpose the European Parliament and Council Directive on the protection of persons reporting breaches of Union law (the EU Directive on whistleblowing) should be implemented in Swedish law. The assignment must be reported no later than May 29, 2020.","Sweden has announced that a Special Investigator has been assigned to investigate how to transpose the European Parliament and Council Directive on the protection of persons reporting breaches of Union law (the EU Directive on whistleblowing) should be implemented in Swedish law. The assignment must be reported no later than May 29, 2020.
" The Netherlands,Delayed,01/10/2021,Oct 21,Whistleblowing law examined in Parliament ,https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?id=2021Z09596&dossier=35851#activity-2021a05263,"A new draft law on whistleblower protection is currently under consideration in parliament in The Netherlands. The Bill would implement the EU Directive on Whistleblowing (2019/1937) which must be fully transposed into Dutch national law by the end of the year. The Report of the Standing Committee of the Interior on it’s finding on the examination of Bill which would introduce amendments to bring the current legislation in the Netherlands the “House for Whistleblowers Act and any other laws” in line with the minimum standards of the Directive was published on the 01 October 2021. The next step is for the Bill to undergo debate in Parliament. However, NGO Transparency International Netherlands (TI-NL) contributed to the Parliamentary discussions on the Bill as a civil society experts feedback and have recommended that due to the minimal or ‘verbatim’ approach of the current proposal that the Bill be sent back to the Minister of Internal Affairs for revision. Many experts who presented at the preceding round table discussions on the current Bill seem to be in agreement that the coalition parties should submit a motion requesting to rewrite the Bill. TI-NL have been clear in their analysis of the transposition process that it is important that the Government prioritise quality over speed and rushing to meet the approaching deadline. The deadline for the Directive to be fully transposed into all EU Member States countries is 17 December 2021.","A new draft law on whistleblower protection is currently under consideration in parliament in The Netherlands. The Bill would implement the EU Directive on Whistleblowing (2019/1937) which must be fully transposed into Dutch national law by the end of the year.
The Report of the Standing Committee of the Interior on it’s finding on the examination of Bill which would introduce amendments to bring the current legislation in the Netherlands the “House for Whistleblowers Act and any other laws” in line with the minimum standards of the Directive was published on the 01 October 2021. The next step is for the Bill to undergo debate in Parliament.
However, NGO Transparency International Netherlands (TI-NL) contributed to the Parliamentary discussions on the Bill as a civil society experts feedback and have recommended that due to the minimal or ‘verbatim’ approach of the current proposal that the Bill be sent back to the Minister of Internal Affairs for revision.
Many experts who presented at the preceding round table discussions on the current Bill seem to be in agreement that the coalition parties should submit a motion requesting to rewrite the Bill. TI-NL have been clear in their analysis of the transposition process that it is important that the Government prioritise quality over speed and rushing to meet the approaching deadline.
The deadline for the Directive to be fully transposed into all EU Member States countries is 17 December 2021.
" The Netherlands,Delayed,03/06/2021,Jun 21,A Bill to transpose EU Directive on whistleblowing has been submitted to Parliament ,https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?id=2021Z09596&dossier=35851,"Transposition of the EU Directive on Whistleblowing continues in the Netherlands with a Bill being submitted to the House of Representatives on 1 June 2021 and a procedural meeting of the Home Affairs Committee on 17 June 2021. Civil society have criticised the Bill’s needless complexity and inaccessibility. The Bill adds a second definition of a breach of Union law to the first narrow definition of wrongdoing under national law to set the scope of what types of breaches reported would be protected - a separate reporting channel with additional requirements for the reporting of breaches of Union law is proposed.","Transposition of the EU Directive on Whistleblowing continues in the Netherlands with a Bill being submitted to the House of Representatives on 1 June 2021 and a procedural meeting of the Home Affairs Committee on 17 June 2021.
Civil society have criticised the Bill’s needless complexity and inaccessibility.
The Bill adds a second definition of a breach of Union law to the first narrow definition of wrongdoing under national law to set the scope of what types of breaches reported would be protected - a separate reporting channel with additional requirements for the reporting of breaches of Union law is proposed.
" The Netherlands,Delayed,21/01/2021,Jan 21,Civil society alarmed transposition of EU Directive puts whistleblowers at risk,https://www.transparency.org/en/blog/the-netherlands-are-showing-other-eu-countries-what-not-to-do-when-transposing-the-eu-directive-on-whistleblower-protection,"Transparency International have published an article which discusses the Dutch governments approach to the transposition of the EU Directive on whistleblowing into national law. The current Dutch draft Bill demonstrates that the Government has chosen to adopt a minimal approach to the transposition of the Directive. This is despite repeated encouragement to widen the scope to cover breaches of national law. The authors of ‘ The Netherlands showing other EU Countries what not to do when transposing EU Whistleblower Directive’ state: “It is distressing that the quality of the law is apparently sacrificed to procedures and deadlines. Why has the Bill been issued for consultation if the Ministry had no intention to take the inputs received into account? This seems like a foolish exercise and anything but a transparent and participatory democratic process.” Transposition of the Directive must be completed before the deadline of 17 December 2021. The Ministry of Internal Affairs has declared that amendments to improve the draft law are now ‘unfortunately impossible.’ TI Netherlands official response to the public consultation on the draft proposal can be found here. Significant delays are expected in the process following a change in government in January with general elections to take place in March 2021. Progress in transposition will be updated to a dedicated web page here.","Transparency International have published an article which discusses the Dutch governments approach to the transposition of the EU Directive on whistleblowing into national law.
The current Dutch draft Bill demonstrates that the Government has chosen to adopt a minimal approach to the transposition of the Directive. This is despite repeated encouragement to widen the scope to cover breaches of national law.
The authors of ‘ The Netherlands showing other EU Countries what not to do when transposing EU Whistleblower Directive’ state:
“It is distressing that the quality of the law is apparently sacrificed to procedures and deadlines. Why has the Bill been issued for consultation if the Ministry had no intention to take the inputs received into account? This seems like a foolish exercise and anything but a transparent and participatory democratic process.”
Transposition of the Directive must be completed before the deadline of 17 December 2021. The Ministry of Internal Affairs has declared that amendments to improve the draft law are now ‘unfortunately impossible.’
TI Netherlands official response to the public consultation on the draft proposal can be found here.
Significant delays are expected in the process following a change in government in January with general elections to take place in March 2021. Progress in transposition will be updated to a dedicated web page here.
" The Netherlands,Delayed,21/12/2020,Dec 20,Draft Bill to transpose EU Directive on whistleblowing progressing in Parliament,https://www.rijksoverheid.nl/documenten/kamerstukken/2020/12/21/kamerbrief-met-reactie-op-evaluatie-wet-huis-voor-klokkenluiders,"A draft Bill to transpose the EU Directive on whistleblowing has recently been submitted for advice to the Advisory Division of the Council of State in the Netherlands. After receipt and processing of that advice, the Bill will be submitted to the Lower House as soon as possible.","A draft Bill to transpose the EU Directive on whistleblowing has recently been submitted for advice to the Advisory Division of the Council of State in the Netherlands. After receipt and processing of that advice, the Bill will be submitted to the Lower House as soon as possible.
" The Netherlands,Delayed,10/09/2020,Sep 20,Responses to the public consultation on the draft law to transpose EU Directive on whistleblowing published,https://www.internetconsultatie.nl/klokkenluiders/reacties,"The Dutch government have published all responses received to public consultation on the draft Bill to transpose the EU Directive on whistleblowing into national law. Transparency International Portugal said: “We expect the Portuguese government to strengthen the anti-corruption agenda by passing a whistleblower protection law that leaves no one behind. It is urgent to protect people who fall outside the scope defined in the EU Directive on Whistleblowing, such as victims or witnesses of bad governance and mismanagement outside the workplace and professional relationships, prostitution and human trafficking, domestic violence, environmental crimes, amongst other situations.”","The Dutch government have published all responses received to public consultation on the draft Bill to transpose the EU Directive on whistleblowing into national law.
" The Netherlands,Delayed,31/07/2020,Jul 20,Public consultation on the draft law to transpose the EU Directive on Whistleblowing launched,https://www.internetconsultatie.nl/klokkenluiders,Public consultation has been launched in the Netherlands on a draft law to transpose the EU Directive on whistleblowing is to be open to submissions between the 31st of July 2020 and 10th of September 2020.,"Public consultation has been launched in the Netherlands on a draft law to transpose the EU Directive on whistleblowing is to be open to submissions between the 31st of July 2020 and 10th of September 2020.
" The Netherlands,Delayed,01/05/2020,May 20,Consultation on the draft law to transpose EU Directive on whistleblowing expected,https://www.transparency.nl/wp-content/uploads/2020/05/Whistleblowing-Frameworks-2019-TI-NL.pdf,"A Dutch draft Bill to transpose the EU Directive on whistleblowing is expected to be presented for consultation in July 2020. As the Whistleblower Authority Act will be evaluated in the current legislative period as well, possibly the same legal process will be utilized for, according to the footnote on P.10 of Transparency International Nederland report 'Whistleblowing Frameworks 2019: Assessing Companies in Trade, Industry, Finance and Energy in The Netherlands'","A Dutch draft Bill to transpose the EU Directive on whistleblowing is expected to be presented for consultation in July 2020.
As the Whistleblower Authority Act will be evaluated in the current legislative period as well, possibly the same legal process will be utilized for, according to the footnote on P.10 of Transparency International Nederland report 'Whistleblowing Frameworks 2019: Assessing Companies in Trade, Industry, Finance and Energy in The Netherlands'
"