New civil society monitor on the EU Whistleblowing Directive
The partnership of Eurocadres, the Whistleblowing International Network (WIN) and Transparency International EU is delighted to announce the development and launch of EU Whistleblowing Monitor, a new online platform to monitor transposition and implementation of the EU Directive on Whistleblowing (2019/1937) across Europe.
Launch of the Whistleblowing Monitor
The EU Whistleblowing Monitor will continue the amazing collaborative efforts of our strong civil society coalition to track the transposition of these new protections for whistleblowers across the European Union. The 27 EU Member States only have until 17 December 2021 to get this done!
What’s it all about?
EU Directive 2019/1937 on the protection of persons who report breaches of Union law is meant to provide a coherent pan-European whistleblowing framework - requiring EU governments to meet minimum standards for establishing reporting channels, ensuring comprehensive legal protection and immunities for whistleblowers, and introducing effective penalties to dissuade retaliation.
How are EU Member States doing?
All Member States will need to engage in significant legal and institutional reform. Most will need to adopt a new law, or make comprehensive amendments – indeed, only 10 EU countries already had dedicated whistleblowing legislation.
Now, some 18 months into the 2-year deadline for transposition, several countries have finally produced draft laws and some are consulting relevant stakeholders and the public on those proposals. A recent progress report published by WIN and Transparency International found huge delays in the process. Two-thirds (18) of member states have made minimal or no progress and the levels of transparency and inclusiveness are poor or non-existent.
How does the EU Whistleblowing Monitor work?
A team of over 30 country editors who understand the importance of whistleblowing protection as a key democratic accountability mechanism are actively contributing to the project. They are monitoring developments nationally and sharing best practices. All contributors are donating their time and expertise to the Monitor, and many are involved in campaigns for stronger whistleblowing protections in their countries. They know that transposition represents a pivotal opportunity to push governments to introduce progressive provisions which go beyond the minimum standards of the Directive.
The EU Whistleblowing Monitor is a simple and effective public interface for any interested citizen to see whether their government is taking whistleblowing protection seriously.
What else is there?
The new site highlights relevant resources and tools developed by experts and practitioners to help analyse and benchmark new draft proposals and help law makers and civil society advocates understand the risks of taking a tick-box or ‘verbatim’ approach to transposition.
We are also delighted to post important initiatives like the declarations of the Network of Integrity and Whistleblowing Authorities which play an essential role in protecting whistleblowers and have a wealth of practical experience to share. You can also find the Minutes from the Expert Group set up by the European Commission to support Member States in meeting the requirements of the Directive as well as following WIN’s series of briefings on key areas of concern.
What can you do?
As of today, there are just 6 months left for transposition to be completed. As governments scramble to meet the deadline we cannot allow last minute, poor quality transposition to undermine the very spirit of the Directive – which is the proper protection of individuals who risk their careers and personal safety to speak up in the public interest. So please help us to monitor the Monitor!
Check out what your country is doing to protect whistleblowers and spread the word. The more the public actively supports whistleblowers who speak out about corruption and wrongdoing and demands their protection, the more likely we are to get it!
MORE ARTICLES
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The directive must be changed to that whistleblowers can report not only a special internal whistleblowing channel, but also to managers or law enforcement.
Making whistleblowing work for Europe
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Petitioning for a better whistleblower protection directive
A few weeks left to improve the whistleblower protection directive. Make your voice heard and sign the new petition for strong whistleblower protection!
What can the EU learn from Romania’s experience implementing whistleblower legislation?
The Romanian Presidency will play a key role is securing a robust whistleblower protection Directive, argues R. Nicolae, of Syene. He believes that Romania has a number of strengths which will support it leading the negotiations, as the whistleblower protection file moves from the Council to trilogue.
Will the EU whistleblower directive prohibit the obstruction of justice?
According to the Legal Counsel of the Danske Bank Whistleblower, S. Kohn, the Howard Wilkinson case clearly demonstrates that the EU Whistleblower Directive urgently needs to be revised to protect the right to report directly to law enforcement agencies and regulatory authorities.
The Duty Speech Loophole: how the EU Whistleblower Directive could backfire against its own objectives
Tom Devine, Legal Director of GAP explains why a series of technical contradictions within the EU draft directive need to be resolved, or the legislation could backfire and actually work against whistleblowers.
Legal issues must not derail whistleblower protection law
Council legal opinion must not be used to delay completion of whistleblower protection legislation
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