EU Whistleblowing Meter – November Roundup

December 08, 2020
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This is the monthly roundup of updates provided by the EU Whistleblowing Meter team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during November 2020.

As of today, there are just 12 months and 9 days until the deadline for transposition of the EU Whistleblowing Directive.

Transposition of the EU Whistleblowing Directive is underway in at least 15 Member States with 12 countries remaining listed as ‘not started.’ 

Country Updates:
 
In Germany, the Minister of Justice Christine Lambrecht has announced support for an extensive draft law which expands the scope of the Directive to cover breaches of national law. The announcement follows infighting between ministries on the issue, with the Minister for Economic affairs being criticised by NGOs for proposing a 1:1 transposition.  Legal scholars in Germany have published analysis of such verbatim implementation, which they argue would create a hybrid system which could be found to breach the constitutional principle of equal treatment.

In Czechia, the Legislative Council of the Government have suspended discussions of the Draft Law for amendments to be made to the text of the proposal, which, if finalised by the end of the year, may now be passed in the current election cycle. The NGO Oživení has published further reflections on the proposed regime which is deemed to be undermined by proposing a single competent authority which would be given no extra funding for its new remit, read more here.

All responses to public consultation on the draft proposal to transpose the Directive in The Netherlands and Sweden have now been published:

Eight interventions on the Dutch proposal were received and are available online – including the responses of Transparency International Netherlands and the Labour foundation which outline serious concerns of the proposed minimal approach.

Over 100 responses were received during the Swedish Ministry of Labour’s public consultation on the draft law. Concerns have been raised about the complexity of the proposed regime which would add additional rights to preexisting whistleblowing rules and constitutional freedom of expression rights.

A Civil network for Whistleblowing has been launched in Romania to promote public interest whistleblowing. CivicAIP held an online webinar on the current progress for transposition of the Directive into national law.

Transparency International Greece, Vouliwatch and Reporters United have formed a civil society coalition to advocate for strong whistleblowing protections. More than 20 NGOs have signed a joint letter sent to the Prime Minister and other officials advocating for stronger protections of whistleblowers.

Resources and Events:

A new toolkit on whistleblowing for trade unions has been published by Eurocadres in several languages. The best practice guide, developed in collaboration with NGO Protect, also outlines the role of trade unions in the transposition of the Directive. A webinar entitled ‘Workers with Whistles,’ discussing the complex but vital role trade unions play in supporting whistleblowers, took place on 3 December, see here.

Transparency International Irelands initiative Integrity at Work programme is holding an online workshop for prescribed competent authorities to discuss preparations for transposition of the Directive on the 7 December, see here.