Raising the Floor: National Laws under the EU Directive
Authored by: Tom Devine, Samantha Feinstein, and David Banisar of Government Accountability Project, and Anna Myers of Whistleblowing International Network.
Published by: Government Accountability Project and Whistleblower International Network (WIN)
Publication Date: 22 April 2026
About: Directive (EU) 2019/1937 has reshaped the legal landscape of whistleblower protection across the European Union. This study evaluates each Member State against 20 best-practice standards grounded in the Directive, EU fundamental rights, and established international norms.
It finds that while the Directive has successfully eliminated legislative gaps, significant disparities remain in the depth, coherence, and enforceability of protection. The principal compliance gap is whether legal frameworks ensure that whistleblowers can make disclosures safely only to designated audiences, realistically prevail in retaliation proceedings, and obtain full restoration when harm occurs.
The most significant structural innovation introduced by the Directive is the mandatory creation of whistleblower channels by all significant public and private sector employers. If implemented properly, these channels institutionalise whistleblowing as one of society’s fundamental checks against corruption.
However, if implemented in bad faith, there could be traps that provide advanced warning to corrupt bureaucracies of evidence exposing their corruption. The channels could become an unprecedented opportunity for coverups and advance retaliation to discredit the whistleblower. The stakes are high for the Directive’s anti-corruption objectives.