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European Whistle-blower Directive: Draft for consultation
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In a democratic society, we need to encourage and protect those who speak out and report wrong-doing or illegal behaviour. Thanks to whistle-blowers, scandals like illegal mass surveillance, industrial scale tax avoidance or the sexual abuse of children by peacekeepers have been revealed.
This is why the Greens/EFA group in the European Parliament believes that there is an urgent need to enact an EU legal framework that would set out common minimum standards for the protection of whistle-blowers throughout the European Union.
We have drafted, together with legal experts, a draft EU law to protect whistle-blowers. We opened the draft up to public consultation for almost 4 months, from 16/05/15 to 12/09/2016.
We would like to thank everyone who participated for their feedback.
For technical reasons, this platform deletes the comments and votes received once you notify participants that you have edited the text in line with their recommendations. For this reason, we have not used the "change and inform users" function for the majority of the text, because we wanted to keep a record of the comments received. We have instead just edited the text directly.
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P113
1. Member States shall require the employers to submit to their competent, centralised and independent authorities information on:
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P117
- Any other information in relation to the effectiveness of the handling of the reports.
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P118
2. The competent national authorities shall provide this information to the institutions of the European Union on a yearly basis and in a timely manner.
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P119
3. The European Union institutions will establish a central database to gather and make publicly available in an easily accessible, electronic manner the information received by Member States.
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Chapter VIII
FINAL PROVISIONS
Article 20
Sanctions
P120
- Member States may foresee sanctions applicable to infringements of the national provisions adopted pursuant to this Directive and take all necessary measures to ensure applicability of those sanctions.
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P121
- The foreseen sanctions shall be effective, proportionate and dissuasive and may comprise of the payment of compensation to the whistleblower.
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P122
- Member States that provide for sanctions in their national rules shall notify the Commission of those provisions by DATE [12 months after the date of adoption of this Directive] at the latest and notify without delay of any subsequent amendment affecting them.
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Article 21
Report
P123
By [DATE] the Commission shall carry out an evaluation of the effects of this Directive and submit a report to the European Parliament and the Council.
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Article 22
Transposition
P124
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by DATE [12 months after the date of adoption of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
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P125
2. When Member States adopt those provisions; they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
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P126
3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
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