What now for the new Whistleblower Protection Directve?

On Tuesday it was all about the euphoria of the whistleblower protection Directive being adopted by the European Parliament (EP) in Strasbourg. Now the hard work begins again, as politicians, trade unions, NGOs and whistleblowers meet to discuss; “The future of the new [whistleblower protection] Directive”.

April 18, 2019News
correct Facebook logos WBP Press Conference

EP votes for the whistleblower protection Directive by a large majority

The historic moment, when the EP voted for the whistleblower protection Directive by a large majority, has rightfully been heralded as, ‘one of the greatest successes of this European Parliament’s mandate’. But it is what happens now, in terms of individual Member State transposition of the Directive, which will determine the effectiveness of this legislation.

One of the greatest successes of this European Parliament’s mandate

A few procedural steps remain before the legislation comes into force, tentatively early autumn. The EP has established that whistleblowers the from all EU member states will now be legally protected when they speak out against corruption and wrong doing in general. But it is how those countries adopt and interpret the legislation, which will provide the key. The civil society event not only celebrated the adoption of the new Directive, it also sought to chart a course for its future at Member State level.

The future of the new Directive?

Opening the civil society event, Virginie Rozière, the EP’s Rapporteur on Europe’s whistleblower protection, noted that the passing of the Directive, by such a large majority of MEPs, reflected the work done collectively by civil society, journalists as well as politicians, ‘who provided a strong foundation for what has been achieved’.

Pascal Durand MEP told attendees that civil society played a crucial role in persuading reluctant Member States of the need for a European dimension to whistleblower protection. It is hoped that these networks will remain active in terms of ensuring that Member State transposition is as effective as possible.

Deltour expressed concern that Member States may be reluctant to go beyond the material scope, covering EU competencies.

Antoine Deltour, the LuxLeaks whistleblower, speaking at the event, said suspicion of whistleblowers has diminished in recent years, as the general public now have a better understanding that whistleblowing is in the public interest, which he said helped civil society mobilise in support of the EU Directive. However, Deltour expressed concern that Member States may be reluctant to go beyond the material scope, covering EU competencies, when it comes to implementing the Directive. He feels that the legal status of whistleblowers who gather and distribute ‘secret information’ needs to be clarified in transposition, as they remain vulnerable in many European countries.

Now the hard work begins

Transparency International EU’s Senior Policy Officer Nick Aiossa continued on the theme of transposition. He said that for his organisation the hard work was just beginning, in that the minimum standards set out in the Directive, should be raised in transposition process. According to Aiossa, Member States should incorporate higher whistleblower protection standards into national legislation. He also talked of the need to increase protection for whistleblowers working in EU institutions.

Member States should incorporate higher whistleblower protection standards into national legislation.

Martin Jefflén President of Eurocadres stated that ‘transposition needs to fill in the gaps’, still present in the Directive, with the limitations of material scope being one of the problematic areas. Jefflén also said that trade unions will continue to fight for the rights of whistleblowers around the protection of workers, in terms of health and safety standards, for example. According to the Eurocadres President there is room for whistleblower protection to improve in the 10 countries, which already have national whistleblowers protection legislation and this will be part of the ongoing battle in the upcoming transposition process.

The national transposition of the Directive

The Executive Director of Whistleblowing International Network (WIN), Anna Myers talked of being energised by the EP’s vote approving the whistleblower protection Directive, but she also noted that ‘a lot of hard work still needs to be done at the Member State level, as a number of EU governments are showing a reluctance to fully implement the new Directive. While other Member States are indicating that they will deliberately look to minimise the level of protection, their citizens have.

WIN will be working with its members, associates and coalition partners to ensure the national transposition of the Directive, which must be completed by 2021, results in even stronger and more progressive laws to protect whistleblowers.

The worrying trend of governments privatising information, in terms of criminalising whistleblowers gathering and sharing ‘secret documents.

Myers also pointed to the worrying trend of governments privatising information, in terms of criminalising whistleblowers gathering and sharing ‘secret documents’ which they believe come under the public right to know. She hopes the transposition process will strengthen the notion, that when whistleblowers come forward that they will know that they are fully legally protected, that they will be listened to, that action will be taken and that civil society, journalists and politicians will stand by them, when the information they reveal exposes corruption and wrong doing.

So as the celebrations surrounding the European Parliament’s approval of the whistleblower protection Directive subside, it is clear that the whistleblower protection platform will be needed more than ever, as the battles over Member State transposition begins.

Share it

MORE ARTICLES

Progress update: Are EU Governments taking whistleblowing protection seriously?

By Ida Nowers | June 23, 2021

Today, on World Whistleblowing Day 2021 – less than 6 months before the deadline to transpose the Directive – we highlight key developments in EU countries since the publication of the report.

New civil society monitor on the EU Whistleblowing Directive

By Martin Jefflen | June 3, 2021

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.

EU whistleblowing provisions need adjustments in member states

By Janina Mackiewicz | April 14, 2021

Seven months remains for EU member states to transpose the whistleblower directive into national legislation.

Can transposing the Whistleblower Protection Directive be done on time? Maybe, but not at the cost of transparency and inclusiveness

By Ida Nowers, Marie Terracol | March 26, 2021

EU governments were given two years to bring their national whistleblowing frameworks in line with the EU Directive on Whistleblower Protection.

Are EU Countries taking whistleblower protection seriously?

By Ida Nowers, Marie Terracol | March 24, 2021

Transposition of the Whistleblower Protection Directive is a chance to ensure that people can expose abuses safely across the European Union – but EU nations might be letting the opportunity pass us all by.

EU Whistleblowing Meter monitors transposition process

By Janina Mackiewicz | March 17, 2021

The EU Whistleblowing Meter tracks the progress of transposition in each country.

Half a decade of whistleblower directive advocacy

By Janina Mackiewicz | March 12, 2021

Professor Wim Vandekerckhove from University of Greenwich has analysed the work of the platform in reaching a directive proposal on the protection of whistleblowers.

EVENT – Call to action: Whistleblower protection across the EU, 23 February

By Janina Mackiewicz | February 15, 2021

EVENT – 23 February, 14:00 – 15:30 (CET)

Best practice guide on whistleblowing for trade unions

By Janina Mackiewicz | December 4, 2020

What should be the role of trade unions in whistleblowing? Which internal arrangements, should be in place to establish a culture which promotes whistleblowing?

EU Whistleblowing Meter Launched to Monitor Transposition of EU Directive on Whistleblowing

By Janina Mackiewicz | June 23, 2020

On World Whistleblowing Day, 23 June, the Whistleblowing International Network along with its many partners and colleagues across Europe are launching the EU Whistleblowing Meter