What will the proposal for a European Whistleblower Protection Directive bring?

On 16 April 2019, the European Parliament passed the proposal for a directive setting out joint minimum standards and rules for the protection of persons reporting on breaches of EU law.

On 16 April 2019, the European Parliament passed the proposal for a long-awaited directive in response to major events in recent years such as the affairs known as WikiLeaks and Panama Papers, which aims at introducing new, unified rules for the protection of those who report on breaches of EU law (“whistleblowers”).

The proposed directive lays the groundwork for protecting potential whistleblowers who encountered violations of the law or shady dealings that are in conflict to EU law and EU interests and decided to act. In the current wording, the proposal centers around the reporting on breaches of Union law (in particular common market rules, financial interests of the EU, or such areas as public procurement, financial services, environmental protection, etc.). Even so, it is reasonable to assume that the proposal will send ripples through the individual member states which, for a variety of reasons, have so far been neglecting the issue, and compel them to also reflect breaches of national law and of internal policies and rules of employers.

In the Czech Republic today, government decree No. 145/2015, on measures related to reporting of possible unlawful conduct in a public service authority, is essentially the only legal provision whose subject matter is the protection of whistleblowers. It contains rules on how to protect state employees who report suspected illicit conduct on the part of department heads, rank-and-file officials, or persons who work for the state based on another law, committed in the course of (or in connection with) their official duties, their work tasks in public administration, or the exercise of a public office.

Source:
Proposal for a Directive of the European Parliament and the Council on the protection of persons reporting on breaches of Union law Government decree 145/2015 Coll., on measures related to reporting of possible unlawful conduct in a public service authority

 

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