Source: whistleblower-net.de
On 9 April 2025, the German government issued a regulation formally assigning the Federal Office of Justice (Bundesamt für Justiz – BfJ) responsibility for prosecuting and sanctioning administrative offences under § 40 of the Whistleblower Protection Law (HinSchG). It entered into force on the same day.
The regulation applies to violations within the remit of the Federal Ministry of Justice (BMJ) and its subordinate agencies.
Legal scholar Dr. Simon Gerdemann has welcomed the transfer to the BfJ as a practical and legally sound solution for the BMJ’s domain, but he also criticizes the limited scope of the regulation. According to Gerdemann the regulation does not clarify who is responsible for offences committed within other federal ministries, such as the Ministry for Economic Affairs (BMWK) or the Ministry of Finance (BMF). This lack of legal clarity risks inconsistent enforcement and undermines the effectiveness of whistleblower protections.
Relevant links:
- Draft regulation on the competence of the federal office, here