These are the monthly roundups of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing.
February & March 2024 Roundup
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during February & March 2024.
It has now been two years and three months since the deadline for all Member States to have fully transposed Directive 2019/1937. 25 countries have adopted transposition legislation.
Two countries are still listed as delayed – no countries have not started.
No country can be yet considered fully transposed - the EU Commission started and progressed infringement proceedings against most Member States and made referrals to the European Court of Justice for transposition failure. The conformity study assessing Member States transposition efforts is currently underway.
Updates:
· Slovakia: Whistleblowing law reforms halted
· Poland: CJEU Advocate issues opinion on transposition failure
Resources:
· 10th Conference of the States Parties to the United Nations Convention against Corruption, Whistleblower Resolution
· Transparency International Ireland’s updated 2023 Speak Up Safely Guide to Making a Protected Disclosure and Whistleblowing
· International Federations of Accountants & Chartered Professional Accountants Canadas joint Report on understanding whistleblower protection: laws, practices, trends and key implementation consideration.
Twenty-five Member States have now adopted Transposition Laws:
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Transposition Bills have been issued in at least two countries:
All these and more can be found on the Monitor Resources and Roundup pages.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during December 2023 and January 2024.
It has been nearly two years since the deadline for all Member States to have fully transposed Directive 2019/1937. 25 countries have adopted transposition legislation; two countries are still listed as delayed.
No country can be yet considered fully transposed - the EU Commission started and progressed infringement proceedings against most Member States and made referrals to the European Court of Justice for transposition failure. The conformity study assessing Member States transposition efforts is currently underway.
Resources:
EU Whistleblowing Monitor Webinar “Evolving European Whistleblower Rights: 2 Years of the Directive” Recording available on WIN's YouTube Channel
Twenty-five Member States have now adopted Transposition Laws:
Transposition Bills have been issued in at least two countries:
All these and more can be found on the Monitor Resources and Roundup pages.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during November 2023.
It has been nearly two years since the deadline for all Member States to have fully transposed Directive 2019/1937.
Two countries are still listed as delayed – no countries have not started.
No country can be yet considered fully transposed - the EU Commission started and progressed infringement proceedings against most Member States and made referrals to the European Court of Justice for transposition failure. The conformity study assessing Member States transposition efforts is currently underway.
· Latest whistleblowing case tests new law in Czech Republic
· New whistleblowing guidance published in Ireland
· Upcoming Webinar: Reflecting on two years of the EU Directive on Whistleblowing
Resources:
· New TI Report: How well do EU countries protect whistleblowers: Assessing the transposition of the EU Whistleblower Protection Directive
· New Blog: Latest Reports call for reform: New findings emphasis need to strengthen EU Whistleblower Protection
Twenty-five Member States have now adopted Transposition Lawsand Transposition Bills have been issued in at least two countries.
All these and more can be found on the Monitor Resources and Roundup pages.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during October 2023.
It has been over one year and ten months since the deadline for all Member States to have fully transposed Directive 2019/1937.
Two countries are still listed as delayed – no countries have not started.
No country can be yet considered fully transposed - the EU Commission started and progressed infringement proceedings against most Member States and made referrals to the European Court of Justice for transposition failure. The conformity study assessing Member States' transposition efforts is currently underway.
Updates:
Resources:
Twenty-five Member States have now adopted Transposition Laws and Transposition Bills have been issued in at least two countries.
All these and more can be found on the Monitor Resources and Roundup pages.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during September 2023.
It has been over one year and nine months since the deadline for all Member States to have fully transposed Directive 2019/1937.
Two countries are still listed as delayed – no countries have not started.
No country can be yet considered fully transposed - the EU Commission started and progressed infringement proceedings against most Member States and made referrals to the European Court of Justice for transposition failure. The conformity study assessing Member States' transposition efforts is currently underway.
Updates:
· In Germany, NGO files formal complaint with EU Commission
· New guidelines published in Cyprus
· Further concern for the new framework in Bulgaria
· New analysis on Poland’s transposition published
Resources:
· New Guide: “A Tech Workers Guide to Whistleblowing: Ireland Edition”
Twenty-five Member States have now adopted Transposition Lawsand Transposition Bills have been issued in at least two countries.
All these and more can be found on the Monitor Resources and Roundup pages.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during August 2023.
It has been over one year and eight months since the deadline for all Member States to have fully transposed Directive 2019/1937.
Two countries are still listed as delayed – no countries have not started.
No country can be yet considered fully transposed - the EU Commission started and progressed infringement proceedings against most Member States and made referrals to the European Court of Justice for transposition failure. The conformity study assessing Member States transposition efforts is currently underway.
· Draft whistleblowing law in Estonia progresses
· New whistleblowing laws adopted in Belgium
· NGO in Spain raises concern for provision for reporting channels
· EU funds whistleblowers hit the headlines in Czechia (from April)
Resources:
· New book: “Europe's New Whistleblowing Laws, Research Papers from the 2nd European Conference on Whistleblowing Legislation”
· Comparative Report: ‘Who Protects Whistleblowers in Europe: Members of the Network of European Integrity and Whistleblowing Authorities and their Competence’
Twenty-five Member States have now adopted Transposition Laws and Transposition Bills have been issued in at least two countries.
All these and more can be found on the Monitor Resources and Roundup pages.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during June and July 2023.
It has been over one year and seven months since the deadline for all Member States to have fully transposed Directive 2019/1937.
Two countries are still listed as delayed – no countries are now listed as not started.
No country can be yet considered fully transposed - the EU Commission started and progressed infringement proceedings against most Member States and made referrals to the European Court of Justice for transposition failure. The conformity study assessing Member States transposition efforts is currently underway.
· Whistleblowing laws adopted Slovakia and Czechia
· New Whistleblowing rules introduced in Italy
· New whistleblowing draft laws issued in Poland
· Ireland amends its transposition legislation
· Concerns raised for proposed whistleblowing rules in Bulgaria
Resources:
· Guest blog: Hungary has finally started transposing the EU Whistleblower Protection Directive
· Briefing: ‘Protecting whistle-blowers in the EU’ European Parliamentary Research Service
Twenty-five Member States have now adopted Transposition Laws and Transposition Bills have been issued in at least two countries.
All these and more can be found on the Monitor Resources and Roundup pages
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during May 2023.
It has been over one year and five months since the deadline for all Member States to have fully transposed Directive 2019/1937.
Three countries are still listed as delayed.
No country can be yet considered fully transposed - the EU Commission started and progressed infringement proceedings against most Member States and made referrals to the European Court of Justice for transposition failure.
May Updates:
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during April 2023.
It has been over one year and four months since the deadline for all Member States to have fully transposed Directive 2019/1937.
Seven countries are still listed as delayed – one Member State is still listed as not started (Hungary).
No country can be yet considered fully transposed - the EU Commission started and progressed infringement proceedings against most Member States and made eight referrals to the European Court of Justice for transposition failure.
April Updates:
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during March 2023.
It has been over one year and three months since the deadline for all Member States to have fully transposed Directive 2019/1937.
Seven countries are still listed as delayed.
No country can be yet considered fully transposed - the EU Commission started and progressed infringement proceedings against most Member States.
March Updates:
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during February 2023.
It has been over one year and two months since the deadline for all Member States to have fully transposed Directive 2019/1937.
7 countries are still listed as delayed and no country can be yet considered fully transposed.
The EU Commission initiated infringement proceedings with a formal letter of notice sent to 26 Member States in January 2022 and reasoned opinions sent to 15 Member States in July, and four in September 2022. As 8 replies were considered unsatisfactory, referrals to the Court of Justice of the European Union were made on 15 February 2023.
February Updates:
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during January 2023.
It has been over one year and one month since the deadline for all Member States to have fully transposed Directive 2019/1937.
Nine countries are still listed as delayed – one Member State is still listed as not started (Hungary).
No country can be yet considered fully transposed - the EU Commission started and progressed infringement proceedings against most Member States.
January updates:
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during December 2022.
As of 17 December, it has been 1 year since the deadline for all Member States to have fully transposed Directive 2019/1937.
16 countries are still listed as delayed - 1 Member State is still listed as not started (Hungary).
No country can be yet considered fully transposed - the EU Commission started and progressed infringement proceedings against most Member States.
December Updates:
* A new draft law has been presented to Parliament in January
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during November 2022.
As of 01 October, it has been 11 months since the 17 December 2021 deadline for all Member States to have fully transposed Directive 2019/1937.
16 countries are still listed as delayed - 1 Member State is still listed as not started (Hungary).
No country can be yet considered fully transposed - the EU Commission started infringement proceedings against 26 states.
November Updates:
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during October 2022.
As of 01 October, it has been 10 months since the 17 December 2021 deadline for all Member States to have fully transposed Directive 2019/1937.
16 countries are still listed as delayed - 1 Member State is still listed as not started (Hungary).
No country can be yet considered fully transposed - the EU Commission started infringement proceedings against 26 states.
October Updates:
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during September 2022.
As of 01 September, it has been 9 months since the 17 December 2021 deadline for all Member States to have fully transposed Directive 2019/1937.
16 countries are still listed as delayed - 1 Member State is still listed as not started (Hungary).
No country can be yet considered fully transposed - the EU Commission started infringement proceedings against 26 states.
September Updates:
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during August 2022.
As of 01 September, it has been 9 months since the 17 December 2021 deadline for all Member States to have fully transposed Directive 2019/1937.
16 countries are still listed as delayed - 1 Member State is still listed as not started (Hungary).
No country can be yet considered fully transposed - the EU Commission started infringement proceedings against 26 states.
After Romania’s legislation has been sent back to Parliament for revision, now only 10 Member States have adopted Transposition Laws.
August Updates:
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during July 2022.
As of 01 August, it has been 8 months since the 17 December 2021 deadline for all Member States to have fully transposed Directive 2019/1937.
15 countries are still listed as delayed - 1 Member State is still listed as not started (Hungary).
No country can be yet considered fully transposed.
In January 2022, the EU Commission announced its intention to pursue infringement proceedings, sending letters of formal notice to 24 Member States. In July, it announced it would be proceeding to the next step in 15 Member States. Those Member states have two months to respond satisfactorily, otherwise, referrals may be made to the European Court of Justice.
July Updates:
• Ireland: Adopts new whistleblowing law
• Germany: Cabinet approves draft whistleblower protection Bill
• Austria: Civil society concerned new law will not properly protect whistleblowers
• Romania: More voices join civil society’s serious concerns for new whistleblowing law
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during June 2022.
As of 01 July, it has been 7 months since the 17 December 2021 deadline for all Member States to have fully transposed Directive 2019/1937.
17 countries are still listed as delayed - 1 Member State is still listed as not started (Hungary).
No country can be yet considered fully transposed - the EU Commission started infringement proceedings against 26 states.
June Updates:
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during May 2022.
As of 01 June, it has been 6 months since the 17 December 2021 deadline for all Member States to have fully transposed Directive 2019/1937.
18 countries are still listed as delayed - 1 Member State is still listed as not started (Hungary).
No country can be yet considered fully transposed - the EU Commission has now started infringement proceedings.
May Updates
New Resources:
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during April 2022.
As of 01 May, it has been 20 weeks since the 17 December 2021 deadline for all Member States to have fully transposed Directive 2019/1937.
18 countries are still listed as delayed - 1 Member State is still listed as not started (Hungary).
No country can be yet considered fully transposed - the EU Commission has now started infringement proceedings.
April Updates
New Resources
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during March 2022.
As of 01 April, it has been 15 weeks since the 17 December 2021 deadline for all Member States to have fully transposed Directive 2019/1937.
18 countries are now listed as delayed - 1 Member State is still listed as not started (Hungary).
No country can be yet considered fully transposed - the EU Commission has now started infringement proceedings.
8 Member States have adopted Transposition Laws.
Transposition Bills have been issued in 11 countries.
There is also an important civil society led template Law registered in Parliament in Spain available here.
March Updates:
Resources
Read the minutes of the 6th meeting of the EU Commission Expert Group on transposition.
Xnet have published an analysis (here) on the new Spanish law Blueprint for Free Speech (here) have published analysis on the new draft law in Spain.
Transparency International Italia published an article on the delayed transposition of the EU Directive.
Epicentre.Works and Amnesty International released a statement following Julian Hessenthaler’s guilty verdict and what the means for whistleblower protection in Austria.
Lawyers and members of civil society are hosting a conference on the EU Directive in Belgium on 3 May 2022: The European Whistleblowing Directive in Belgium: (R)evolution?
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during February 2022.
As of 01 March, it has been 10 weeks since the 17 December 2021 deadline for all Member States to have fully transposed Directive 2019/1937.
18 countries are now listed as delayed. 1 Member State is still listed as not started (Hungary).
No country can be yet considered fully transposed. The EU Commission has now started infringement proceedings.
8 Member States have adopted Transposition Laws.
Transposition Bills are issued in 11 countries.
There is also an important civil society led Law registered in Parliament in Spain available here.
Updates:
Resources:
International Chamber of Commerce (ICC) Guidelines on Whistleblowing have been published: ICC 2022 aims to provide practice guidelines to enterprise and revise original 2008 guidelines to reflect evolving best practices in the Directive and to complement ISO 37002.
The 02 February 2022 public hearing of Halet v. Luxembourg in the European Court of Human Rights, in which the Grand Chamber consider freedom of expression rights under the Convention and evolving standards on whistleblower protection, including the Directive can be watched in French and English via webcast.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during January 2022.
As of 01 February 2022, it has been 6 weeks since the 17 December 2021 deadline for all Member States to have fully transposed the Directive.
19 countries are now delayed and it appears the Commission has now started infringement proceedings. 24 member states are listed on the Commission website.
Only one Member State is still listed as ‘not started’ - Hungary.
Seven Member States have now adopted Transposition Laws.
Transposition Bills have been issued in eleven countries.
No country can be yet considered fully ‘transposed.’
January Updates:
* Good news: Just yesterday, 01 February 2022, French parliamentarians reached a compromise on the final text of the ‘Wasserman Bill’. The agreed final version retains most of the progressive provisions – see here. The new law will likely be formally adopted on the 8 or 16 February 2022. See full monitor update here.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during December 2021.
As of 31 December 2021, it has been two weeks since the official deadline of 17 December 2021 for all Member States to have fully transposed the Directive.
Transposition remains ‘in progress’ in at least 25 countries with two Member States still listed as ‘not started’ - Hungary and Luxembourg.
Five Member States have now have adopted transposition laws:
Denmark’s ‘Forslag til Lov om beskyttelse af whistleblowere’ was adopted 24 June 2021 and entered into force 17 December 2021.
Sweden’s ‘Lagrådsremiss Genomförande av visselblåsardirektivet’ was adopted 29 September 2021 and entered into force on 17 December 2021.
Portugal’s Proposta de Lei n.º 91/XIV and others was adopted 26 November 2021, published 20 December 2021 and enter into force 6 months later.
Lithuania’s Lietuvos Respublikos Pranešėjų Apsaugos Įstatymas was adopted on 16 December 2021 and will enter into force on 15 February 2021.
Malta’s ATT sabiex jemenda l-Att dwar il-Protezzjoni ta’ Informatur, Kap. 527 passed the third reading on 14 December 2021.
No country can be yet considered fully ‘transposed.’
Draft Bills are also issued in eleven countries including:
Poland: ‘Projekt ustawy o ochronie osób zgłaszających naruszenia prawa’
Romania: ‘Lege privind protecția avertizorilor în interes public’
Slovakia: ‘Návrh zákona, ktorým sa mení a dopĺňa zákon č. 54/2019’
Netherlands: ‘Wijziging van de Wet Huis voor klokkenluiders en enige andere wetten’
There are also two important draft proposals developed with or by civil society:
The ‘Waserman’ Bill currently being discussed in Parliament in France - available here
Xnet template Law, registered in Parliament in Spain - available here
Country Updates:
A new whistleblowing law has been passed in Malta and in Lithuania.
In Estonia, the whistleblowing Bill has been approved by Government and passed to Parliament.
There are media reports of a preliminary draft law not yet publicly available in Austria and in Cyprus.
A draft whistleblowing law has now been circulated for comment in Slovenia.
A Bill of amendments in Slovakia is in the interdepartmental comments stage.
A draft law is now scheduled on governments agenda in Croatia.
A new draft law has been published in Romania.
Media reports on delays in transposition in Spain.
In Ireland a watchdog has urged the government to improve the whistleblowing law.
Resources:
WIN and TI have published a progress update on the official transposition deadline.
The Network of European Integrity and Whistleblowing Authorities (NEIWA) has adopted a new Dublin Declaration on transposition on 10 December 2021.
A new article on the impact and costs of Whistleblowing has been published open access in the Journal of Business Ethics.
The ‘WhistlePro’ Research Project on Workplace Whistleblower Protection in the V4 Countries, France and Slovenia financed by the International Visegrad Fund has now been published open access in several languages.
WIN and Republika have published a statement and blog raising alarm on Malta’s new whistleblowing law. Parliamentary Assembly of the Council of Europe General Rapporteur on the protection of whistleblowers has strongly criticized the reforms.
Blueprint for Free Speech have published an article on Spain missing the deadline for transposition.
WIN and it’s Member Protect have published a blog looking at lessons learned from 25 years of UK whistleblowing legislation for implementing the Directive.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during November 2021.
As of today, there are just 10 days until the deadline for transposition of the EU Directive on Whistleblowing.
Transposition remains ‘in progress’ in at least 23 countries with 3 Member States still listed as ‘not started’ - Cyprus, Hungary, and Luxembourg.
Three Member States have now have adopted transposition laws – Sweden, Denmark and Portugal. This however does not mean that country can be considered fully ‘transposed.’
Country Updates:
A new law has been adopted by Parliament in Portugal - it will come into effect six months after being published in the official journal.
A new draft law has been published in Malta with no stakeholder or public consultation.
In Estonia, a draft law has been published online and proceeds to be sent for parliamentary debate.
In Bulgaria, responses to public consultation on a draft law have been published online.
Public consultation has been underway in Croatia.
In Lithuania, the draft law is now being debated in Parliament.
The new Government in Germany has announced commitment to expansive approach to transposition.
In Austria, civil society are concerned at the lack of transparency in drafting transposition Bill.
The whistleblowing protection office in Slovakia has produced reports on early progress.
In Italy, concern for failed transposition as Governments legal mandate to legislate expires.
Resources:
Read the minutes of the 5th meeting of the EU Commission Expert Group on transposition here.
TI Austria have published a statement on transposition and key areas of concern for a minimal approach.
Recorded debate at European Parliament Office on Poland’s new whistleblowing law available here (in Polish)
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during October 2021.
Transposition remains ‘in progress’ in at least 23 countries with 4 Member States still listed as ‘not started’ - Cyprus, Hungary, Luxembourg, and Malta.*
Country Updates:
In Poland, public consultation on a new draft law has begun, open for submissions until 17th of November.
Transposition of the Directive and the ‘non-regression clause’ is receiving media attention in Ireland.
The draft law in The Netherlands is currently under consideration in Parliament, experts have called for the Bill to sent back to the Ministry for revision to avoid the pitfalls of a minimal transposition.
In France, the Sylvain Waserman Bill is being discussed in Parliament, with analysis and further debate expected in mid-November.
A transposition law is delayed in Finland, expected to be presented in Parliament mid-December.
In Malta, civil society has renewed calls for proper consultation on whistleblowing law reforms.*
A draft whistleblowing law is pending a vote in Portugal.
In Romania, an expert report on whistleblowing has been published following a roundtable civil society event on transposition.
Resources:
Eurocadres have published their research report on ‘Whistleblowing in European Companies – Industrial relations for successful implementation of reporting channels.
Latvian NGO Delna have published their opinion to consultation on a draft transposition law.
* The press in Malta have reported that Government have confirmed progress is underway however we are not aware of any publicly available official information.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during September 2021.
Transposition remains ‘in progress’ in at least 23 countries with 4 Member States still listed as ‘not started’ - Cyprus, Hungary, Luxembourg, and Malta.
Country Updates:
Consultation on a draft whistleblowing law has begun in Bulgaria.
In Romania, the consultation process on the draft Whistleblowing Law continues.
In Estonia, an important expert opinion on the proposed whistleblowing law has been published.
The Whistleblower Protection Office and reporting platform has been launched in Slovakia.
Recommendations for effective transposition of EU Directive on whistleblowing published in Belgium.
Resources:
The Network of European Integrity and Whistleblowing Authorities (NEIWA) has now adopted a ‘final call’ declaration on 17 September 2021, recalling its most important messages on implementing an effective whistleblowing protection framework over the past few years.
The CEELI Institute has published it’s Speaking Up: Protecting Whistleblowers in Central and Eastern Europe. This report focuses specifically on efforts to introduce whistleblower protection legislation in Bulgaria, Hungary, Romania and Slovakia, and offers practical recommendations to aid the implementation of the EU Directive in each of these jurisdictions.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during August 2021.
Transposition remains ‘in progress’ in at least 22 countries with 5 Member States still listed as ‘not started’ - Austria, Cyprus, Hungary, Luxembourg, and Malta.
Denmark is currently the only country listed as having a transposition law adopted.
Country Updates:
In Czechia the whistleblowing transposition law has failed at the final hurdle.
In Estonia, public consultation on a draft transposition Bill has been launched.
Media reports transposition progress in Italy but no draft proposal yet published.
A draft law on whistleblowing expected soon in Finland.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during July 2021.
Transposition remains ‘in progress’ in at least 21 countries with 5 Member States still listed as ‘not started’ - Austria, Cyprus, Hungary, Luxembourg, and Malta.*
*Following last months’ introduction of a new Danish transposition law, we have decided to relist Denmark as ‘in progress’ to avoid prematurely declaring a country “transposed” prior to final processes and EU confirmation of compliance - we are now adding a new category of ‘law adopted’ to distinguish states with new legislation.
Country Updates:
In France, MP Sylvain Waserman, previously rapporteur on whistleblowing at the Parliamentary Assembly of the Council of Europe, has introduced a transposition Bill in Parliament.
In Bulgaria, the working group has renewed its work on transposition.
A draft proposal to transpose the EU Directive is soon expected in Slovenia following comments of the new Minister of Justice.
Resources:
ISO 37002 on whistleblowing management systems has now been approved and published. These guidelines on implementing whistleblowing arrangements are applicable for any size or sector organisation and whilst generally non-binding the standard may be good leverage to encourage employers to improve systems and take their responsibilities to whistleblowers seriously both in and outside of Europe - a WIN Spotlight is forthcoming.
Read more on developments in France and Denmark in WIN’s piece “A new wave of whistleblowing laws in Europe” which again features Xnet’s proposal formally registered in Spain last year.
Read TI Belgium’s Report which provides analysis of the EU Directive and makes several key recommendations for transposition into Belgium national law. Available in French and Dutch.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during June 2021.
On the 21 June 2021 Denmark adopted a new dedicated whistleblowing law to implement the Directive and is now the first and only country listed as ‘transposed’ on the Monitor.
Further assessment of the national framework is required to ascertain whether a country has properly interpreted and implemented the minimum standards required by the Directive. Member states are also required to send a report analysing their compatibility to officially complete transposition.
Transposition remains underway in at least 21 countries and 5 Member States still listed as ‘not started’ - Austria, Cyprus, Hungary, Luxembourg, and Malta.
Country Updates:
15/07/21 – A draft proposal to transpose the Directive is expected in Slovenia following the appointment of a new minister of justice.
24/06/21 – Denmark has adopted new whistleblowing legislation. The Whistleblower Protection Act seeks to implement the Directive passed on 24 June 2021 is due to enter into force on the 17 December 2021.
22/06/21 – Draft whistleblowing protection proposals are under discussion and vote in Portugal.
14/06/21 – In the Czechia a public awareness campaign on whistleblowing has been launched as final parliamentary discussions on the draft law continue.
08/06/21 – A civil society coalition in France has formed to call for support on a petition for timely transposition of the Directive.
03/06/21 – In The Netherlands the draft Bill on whistleblower protection has now been submitted to Parliament.
Resources:
The second ‘WhistlePro’ international online conference on Whistleblower Protection at Work in the Visegrad Group countries, France and Slovenia held by the University of Lodz took place on the 15 June 2020. Presentations were given by academics, public officials and civil society experts providing a comparative analysis of current national frameworks in France, Slovenia, Hungary, Czech Republic, Poland and Slovakia and the provisions of the Directive – see the programme here. A recording of the conference can be rewatched here.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during May 2021.
Transposition remains underway in at least 22 countries and 5 Member States still listed as ‘not started’ - Austria, Cyprus, Hungary, Luxembourg, and Malta.
Country Updates:
28/05/2021 – In Croatia, an invitation to join a working group on whistleblowing has been published to allow for the nomination of representatives of civil society organisations to contribute to the reform.
25/05/2021 – Civil society in Greece has recommended labour reforms which strengthen whistleblowing protection.
24/05/2021 – A draft proposal for whistleblowing law to transpose the Directive is soon expected in Luxembourg.
20/05/2021 – A draft whistleblowing Bill has been introduced to parliament in Sweden.
13/05/2021 – In Ireland, a proposal of amendments to the current whistleblowing law to transpose the Directive has now been published.
12/05/2021 – In Czechia, the draft Bill on whistleblowing has passed a crucial vote and is now scheduled for parliamentary discussion.
05/05/2021 – In Hungary, civil society is alarmed at the lack of progress on the transposition of Directive on Whistleblowing.
Resources:
Watch TI Ireland’s and other experts online webinar discussing the proposed ‘General Scheme of the Protected Disclosures (Amendment) Bill’ to transpose the EU Directive on Whistleblowing into Irish law. Held on 27 May 2021, key experts discuss key provisions and potential loopholes with the potential reform.
An online tool on whistleblowing for trade unions has been developed by Eurocadres includes a transposition toolkit, several interviews with key experts. The free online course is available in six languages.
For more Resources on transposition of the EU Directive on whistleblowing see here.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during April 2021.
Transposition remains underway in at least 22 countries with 5 Member States still listed as ‘not started’ – Austria, Cyprus, Hungary, Luxembourg, and Malta.
Country Updates:
29/04/2021 – In Germany, a civil society coalition of NGOs have criticised the failure of the new draft whistleblowing law presented in December, which means the opportunity to enshrine more comprehensive provisions prior to the end current elective and legislative period has been missed.
29/04/2021 – The Government in Portugal has begun transposition of the Directive by approving a new national strategy against corruption which introduces a whistleblower protection framework.
14/04/2021 - Despite having made substantive progress, the Government in Czechia has failed to support the whistleblowing draft law, which means it is now unclear whether it can be passed prior to the Autumn elections.
14/04/2021 – Officials in Ireland also now fear transposition of the Directive will be unlikely before the deadline.
02/04/2021 - In Italy after transposition of the Directive was periodically suspended, the Government can finally begin the process after approving a law giving the mandate to legislate.
Resources
Read the WIN’s third briefing paper as part of it’s series on transposition: “Implementing the EU Directive on Whistleblowing: Burden of proof for whistleblower claims must be fully reversed” - downloadable here.
Watch UK whistleblowing charity Protect and other experts online webinar ‘Let’s Fix Whistleblowing Law.’ Held on 29 April 2021, key experts and whistleblowers discuss the Public Interest Disclosure Act - Europe’s first whistleblowing law and the urgent need for reform.
Watch Human Rights House online conference session on the transposition of the EU Directive into Croatian national law held on 20 April 2021 here.
WIN have published this Spotlight on WIN Member Oživení discussing the role of empirical research into cultural attitudes to whistleblowing and implications for the transposition of the EU Directive in the Czech Republic.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during March 2021.
Transposition remains underway in at least 21 countries and 6 Member States still listed as ‘not started.’
Country Updates:
05/03/2021 – In Romania, a draft Bill has been published and stakeholder consultation took place between 05 and 26 March. Civil Society is alarmed that the proposal restricts protections available under the current framework.*
(*Note: As of 01 April 2021, following demands from civil society, a public consultation (online debate) has been scheduled.)
17/03/2021 – A draft Law was also published in Lithuania. Opinions were welcomed from stakeholders until 17 March with civil society urging the government to reconsider it’s approach and establish a working group to allow debate on more detailed provisions
31/03/2021 – In the Czech Republic, Civil Society is concerned Draft Bill to transpose the Directive has not been heard as scheduled in parliament. If the proposal is not prioritized by Government in the Fall then it may likely not be adopted prior to the deadline.
Resources:
WIN and Transparency International published a joint Report on Progress on transposition launched with an online webinar and two accompanying blogs which highlight key findings: Are EU Countries taking whistleblower protection seriously? and Can transposing the Whistleblower Protection Directive be done on time? Maybe, but not at the cost of transparency and inclusiveness.
WIN has also published its second briefing paper as part of a WIN series on transposition: “Implementing the EU Directive on Whistleblowing: All internal reporting must be clearly protected in law”
The Network of European Integrity and Whistleblowing Authorities (NEIWA) have published their Brussels Declaration which makes several recommendations for governments implementing the Directive including extending the material scope.
The International Bar Association and The Government Accountability Project have now published their joint report: Are whistleblowing laws working? A global Study on Whistleblowers Protection Legislation which looks at the successes and shortcoming of whistleblowing protection in 38 countries (including France, Hungary, Ireland, Italy, Malta, Romania, Slovakia and Sweden.)
Blueprint for Free Speech have published an analysis on the Draft Law in Germany.
Dimitrios Kafteranis, the country editor for Luxembourg, has published this blog for the University of Chicago on the EU Directive and obstacles for implementation.
Finally, this open access academic paper from the Journal of Business Ethics discusses the theory of whistleblowing and the Directive from a human rights perspective.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during February 2021.
Transposition is now underway in at least 21 countries and 6 Member States remain listed as ‘not started.’
WIN is delighted to publish a briefing paper as part of a WIN series on transposition: “Implementing the EU Directive: Whistleblowing protection laws must cover breaches of national law”. We hope this to be the first of several “one pager” publications to address key areas of concern as they arise to support the advocacy of our European partners.
Country Updates:
01/02/2021 – In Czechia, the Government has approved a draft law which it declares ‘reflects’ the EU Directive. Civil society in the Czech Republic have raised concerns about the proposed framework - see recommendations for improvement and Spotlight on WIN Member Oživení.
24/02/2021 – Public consultation on a draft law to implement the Directive has begun in Denmark. A list of stakeholder organisations have been invited to provide opinions on the proposal until 24 March 2021.
25/02/2021 – After many years of campaigning from civil society, whistleblower protection is embedded in Bulgaria’s future Anticorruption Strategy. Public consultation has now begun on the draft provisions which introduce personal liability for whistleblower retaliation.
05/02/2021 – In Slovakia, a much-anticipated Director has been appointed by Parliament to head up the national whistleblowing protection office.
04/02/2021 – Civil society in Germany has raised alarmed at employer associations proposals for minimally implementing the Directive which seem to push again for mandatory internal reporting.
01/02/2021 – In Lithuania, the status of transposition and a draft bill underway has been confirmed during a meeting of the prosecutor general with civil society.
Resources:
WIN, in collaboration with Whistleblower-Netzwerk e.v., have published this Spotlight: “Experts say Germany must change approach to protect whistleblowers” which is a shortened translation setting out legal arguments that verbatim transposition of the Directive which only protects reports of breaches of EU Law is not justifiable under principles of equality under German constitutional law.
Whistleblowing Impact have published this report on the experience of whistleblowers which quantifies the personal cost of whistleblowing. These studies can provide persuasive empirical evidence of the need for laws and policies which comprehensively protect and fully compensate whistleblowers.
Finally, on the 23 February, WIN held an Event and Call to Action with EU Whistleblowing Meter partners TI Europe and Eurocadres which proved to be a lively discussion with over 180 people registering to attend. We hope to hold another event soon to continue to build momentum about the value of civil society working in coalition to hold governments to account and demand strong and effective national provisions.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during January 2021.
Transposition is now underway in at least 20 countries and 7 Member States remain listed as ‘not started.’
Country Updates:
25/01/2021 – In Czechia, the Government suspended discussions on a draft whistleblowing protection law due to ongoing ambiguities of the intended role of the Labor Inspectorate.
Note: On the 01 February 2020 it was announced that the Government had approved the draft law which has been declared to reflect the EU Directive. Civil society in Czechia have raised concerns about the proposed framework - see recommendations for improvement and Spotlight on WIN Member Oživení.
27/01/2021 – In Spain, public consultation on a draft proposal to implement the Directive was launched by the Ministry of Justice, which closed on 27 January. Civil Society have responded to the call for submissions. You can read WIN Associate Xnet’s submission here.
20/01/2021 – Public consultation has also been announced in France. The Ministry of Justice has invited unions, associations and NGOs to submit opinions before the 21 March 2021. A position paper on implementation of the Directive has been presented to parliament by the Defender of Rights ombuds institution. Civil society have called for progressive implementation in this op-ed penned by Maison des Lanceurs D’Alerte.
25/01/2021 – In Italy, initial preparatory work has now begun in Parliament. Once discussed and approved, a draft Bill will officially appoint the Ministry of Justice and the Department for European Policies to commence transposition.
09/01/2021 – In Belgium, a second draft proposal relevant to whistleblowing protection has been introduced to parliament. The Government had previously published a tender to outsource a preparatory investigation into transposition, the results of which are still pending.
21/01/2021 – In Malta, the Justice Minister has been reported as confirming that the current whistleblowing law of 2013 will need to be reformed to transpose the Directive and that the Office of the Directorate for Strategy Support will become the coordinating office for implementation.
21/01/2021 – In the Netherlands, civil society have raised concerns about the Dutch Governments approach. This TI blog - Netherlands showing other EU Countries what not to do when transposing EU Whistleblower Directive - analyses the draft law proposed by the Government, which takes a minimal approach and does not expand the scope of protections to breaches of national law, despite repeated encouragement of the Commission to so. The Ministry of Internal Affairs has declared that amendments to improve the draft law are now ‘unfortunately impossible’ within the timeframe.
09/01/2021 – In Belgium, a second draft proposal relevant to whistleblowing protection has been introduced to parliament. The Government had previously published a tender to outsource a preparatory investigation into transposition, the results of which are still pending.
30/12/2020 – It has been reported that the government in Denmark has communicated an intention to expand the scope of the Directive, at least to reports of sexual harassment in the workplace.
Resources:
Blueprint for Free Speech have published new research on public perceptions of whistleblowers and their response to public consultation in Spain which can be found here.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during December 2020.
Transposition is underway in at least 18 countries, with Croatia moving to ‘in progress’ this month. 9 Member States remain listed as ‘not started.’
Country Updates:
In Croatia, the Government have now adopted a plan for legislative activities and harmonization for 2021 which includes proposed amendments to whistleblowing legislation to be adopted later this year.
In Germany, a national newspaper has reported that a first whistleblowing law has been drafted by the Ministry of Justice which proposes to expand on the scope of the Directive to protect persons who report breaches of national law. A position paper on transposition has been published by the SPD party. Protect Whistleblowers Better makes several policy recommendations which are in line with best practice principles for whistleblowing legislation, including protecting disclosure of wrongdoing not considered a breach of a legal obligation.
In Poland, the Prime Minister has transferred responsibility for transposition of the Directive to the Ministry of Development, Labour and Technology. Public consultation on a dedicated whistleblowing draft bill is now expected.
This is the monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during November 2020.
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 an 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.
The is our fourth monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during October 2020.
Transposition of the EU Whistleblowing Directive is underway in at least 15 Member States, with Romania moving from ‘in progress’ this month. 12 Member States remaining listed as ‘not started.’
Country Updates:
In Germany, a joint position paper of Reporters Without Borders and Whistleblowerz-Netzwerk e.v. has been published. The report makes key recommendations for transposition of the Directive to prioritise freedom of expression and freedom of the press and warns against blanket exceptions for classified information. It also calls for digital source protection and an extension of the material scope beyond breaches of Union law, which is currently a point of contention for German officials, read more here.
An open letter warning of the risks of a verbatim transposition of the Directive was published by a coalition of civil society organisations in August. The German Trade Union Confederation has also published a report making 53 detailed recommendations for the implementation of the Directive to create a comprehensive and coherent legal framework.
In Czechia, the Ministry of Justice has submitted the Draft Law on the Protection of Whistleblowers to the Government on Sept. 30, 2020. The Governmental Legislative Council and its individual working commissions have 60 days to review it. The meeting of the Governmental Working Committee for Whistleblowing as well as the meeting of the Government Council for the Coordination of the Fight against Corruption are planned to discuss the Draft and the comments of the Governmental Legislative Council later on in November.
Transparency International Portugal has responded to public consultation on the countries national strategy to combat Corruption, which includes a new mechanism to protect whistleblowers. They point out the proposals do not go far enough to meet the requirements of the Directive.
Following the establishment of a working group on transposition in Romania, Transparency International Romania has launched a Business Integrity Country Agenda research report which makes recommendations for whistleblowing protection, see here.
In Slovenia, after several delays, the National Assembly has, passed amendments to the Integrity and Prevention of Corruption Act. Transparency International Slovenia have expressed that the changes do not go far enough to meet the requirements of the Directive and have publicly called for a progressive transposition, see here.
In Austria, a campaign has been launched to address transposition of the Directive and pushing for the extension of provisions to cover national law, see here.
The Ministry of Justice of Estonia has sent its intention to draft a Bill on whistleblower protection to other ministries and relevant stakeholders. The proposals are for a new horizontal law which would widen the scope of the Directive. Transparency International Estonia has published a position paper on the proposal and official positions of other stakeholders can be found here.
In Croatia, the Ombudsman has joined the Network of European Integrity and Whistleblowing Authorities (NEIWA) which encourage cooperation of state institutions and the consistent application of the Directive.
Resources and Events:
The Network of European Integrity and Whistleblowing Authorities (NEIWA), which met in June 2020, has published it’s Rome Declaration which makes ten recommendations for governments to implement the Directive, including to consider various types of interim measures within the workplace to avoid negative consequences for whistleblowers.
An interesting article published on 30 September 2020 by Dimitrios Kafteranis, Country Editor for Greece ‘Enforcing EU Law: the case of the Whistle- blower’ which discussed the importance of the Directive, can be read here.
Two helpful resources concerning the implementation of GDPR Rules in whistleblowing legislation: The French data protection authorities opinion and Guidelines on processing personal information within a whistleblowing procedure, a 2019 report of the European Data Protection Supervisor (prior to the adoption of the Directive) which sets out some helpful points regarding confidentiality regimes.
International law firm Kohn, Kohn & Calapinto has published a memorandum of best practices on how to implement the Directive has been sent to Belgium, Bulgaria, Croatia, Denmark, Finland, Ireland, Latvia and Slovenia.
The second virtual symposium on ‘The EU Whistleblowers Directive: Transposition Imperative for Ireland’ will take place on 11 November: see here
This is our third detailed monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during September 2020.
Transposition of the Directive remains ‘in progress’ in 14 countries with 13 Member States remaining listed as ‘not started.’
Country Updates:
Following criticisms from civil society experts of the Draft law published in Czechia last month, the Ministry of Justice is now preparing for a more detailed impact assessment. You can read more about the concerns of the transposition working group members that the Bill would not sufficiently protect whistleblowers, and that the proposed agency and external reporting system lacked independence from the government here. Due to legislative timetables in Czechia, it is unlikely the Bill will pass during the current election period and, despite being comparatively further ahead in the transposition process, Czechia now risks falling behind.
An international online conference on Whistleblower Protection at Work in the Visegrad Group countries, France and Slovenia (‘WhistlePro’) held by the University of Lodz took place on the 25 September 2020. Presentations were given by academics, public officials and civil society experts providing a comparative analysis of current national frameworks in France, Slovenia, Hungary, Czech Republic, Poland and Slovakia and the provisions of the Directive – see the programme here.
This was the first planned conference aimed at improving whistleblower protections in the region and a second event is scheduled to take place in Prague in June 2021. You can watch a recording of the conference here.
Transparency International Greece have published a detailed Report ‘Effective Integration of the EU Directive on the Protection of Whistleblowers, Analysis and Proposals of DD-E” to the Ministry of Justice and the newly established Legislative Drafting Committee.
Another Policy Paper has been published for Member States by key whistleblowing academics. “Transposing the EU whistleblower directive into National Law: What every policymaker should know” offers recommendations concerning key aspects of implementation. The paper is written in the context of Ireland’s government call for submissions but has relevance for advocates in other Member States.
In Cyprus, MP Irene Charalambidou has called for stronger whistleblowing protection in a recent speech which highlighted the lack of national whistleblowing protection mechanisms compared to other European countries, stating that protecting whistleblowers was the only way to fight corruption in the country.
Resources:
Transparency International Secretariat have now published their comprehensive tool “Assessing Whistleblowing Legislation: Methodology and Guidelines for Assessment against the EU Directive and Best Practice.” The tool Is designed to support policymakers and advocates to assess national legislation, draft laws and any amendments during the legislative process, to ensure optimal transposition of the Directive and to push for strong whistleblowing protection based on internationally recognized best practice.
This is our second detailed monthly roundup of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during August 2020.
Transposition of the Directive is now updated to ‘in progress’ in Bulgaria, Czechia and Denmark pushing the total number to 14 – with 13 Member States remaining listed as ‘not started.’
Country Updates:
In Denmark, we see that Covid-19 Pandemic has slowed transposition process but that the Ministry of Justice have confirmed they plan to meet with stakeholders in Autumn 2020 and expect to have an implementation proposal ready in Spring 2021.
Ongoing discussions continue in Bulgaria as to whether transposition requires the enactment of a standalone whistleblowing protection law or can be achieved through amendments to the current existing legal framework – a preliminary impact assessment is currently being drafted by a working group, which now includes input from civil society NGOs – including TI Bulgaria.
Anticorruption NGOs in Czechia - Rekonstrukce státu (Frank Bold and Oživení) and Transparency International ČR - have published a paper analyzing the proposed new draft law from the Ministry of Justice which has also been criticized by opposition parties for providing only insufficient protection of whistleblowers.
This is our first detailed monthly round-up of updates provided by the EU Whistleblowing Monitor team of country editors detailing national developments in the transposition of the EU Directive on Whistleblowing during July 2020.
Transposition of the Directive is now updated to ‘in progress’ in Estonia and Slovenia pushing the total number to 11 – with 16 Member States remaining listed as ‘not started.’
Country Updates:
In Estonia, the Minister of Justice has made a public statement confirming preparations to develop a whistleblowing protection Bill to transpose the Directive.
In Ireland, Transparency International Ireland has shared their views with the Department of Public Expenditure and Reform on Submission on the transposition of EU Whistleblowing Directive. TI Irelands’ submission responds to ten questions posed by the Department of Public Expenditure and Reform on considerations for transposing the EU Whistleblowing Directive, and includes a number of additional recommendations to address existing shortcomings in the Protected Disclosures Act 2014 advocated for in previous submissions.
In Slovenia, the Minister of Justice and State Secretary met with representatives of Transparency International. In a public report of the meeting, which took place on the 3rd of July, the ministry reiterated that transposition of the Directive was a priority and that a draft law is being intensively prepared by key members of the government and institutions. Whilst a draft law is therefore expected soon, there have been concerns that recent delays in passing amendments to address key loopholes in the national anti-corruption framework are evidence of a lack of political will for both these much-needed reforms and effective implementation of whistleblowing protection.
In Spain, a coalition of more than 15 civil society organisations have published an open letter requesting a more participatory legislative process for transposition following the establishment of a working group which did not include input from civil society experts or of whistleblowers. Various draft proposals to transpose the Directive have already been presented in Spain with Congress recently blocking a draft initiative from a political party declaring the proposal ‘insufficient’ to protect whistleblowers, a move considered positive by experts who considered the proposal to be weak.