Biblioteca PGR


PP931
Analítico de Periódico



GEORGIADOU, Georgia
The European Commission’s proposal for strengthening whistleblower protection / Georgia Georgiadou
Eucrim. The European Criminal Law Associations' Forum, n.3 (2018), p.166-169


DIREITO COMUNITÁRIO, DIREITO PROCESSUAL PENAL, COLABORAÇÃO PROCESSUAL

Recent scandals, such as Dieselgate, Luxleaks, the Panama Papers, and Cambridge Analytica, came to light thanks to whistleblowers who “raised the alarm” over unlawful activities in the organisation for which they worked. From their position as “insiders,” whistleblowers can provide enforcement authorities with key information that can lead to the effective detection, investigation, and prosecution of breaches of law − and they can be crucial sources for investigative journalists − thus contributing to protecting the public from harm. Yet, whistleblowers very often face many different forms of retaliation for their reporting: they may lose their job and their source of income, and they may suffer damage to their reputation and their health. Fear of such consequences discourages people from coming forward with their concerns. Unfortunately, the protection offered in the EU is fragmented and insufficient. Most EU Member States do not have comprehensive legislation in place that provides whistleblowers with the protection they need. Similarly, at the EU level, whistleblower protection is only provided for in specific sectors, e.g., financial services, transport safety, and environmental protection, and only to varying degrees. This article explains how the proposal for a Directive on whistleblower protection adopted by the European Commission on 23 April 2018 aims to radically change this situation. It presents the proposed legal framework to ensure that all Member States adopt high, common standards of protection for whistleblowers who unveil illegal activities relating to a wide range of EU policy areas. It analyses the various protection measures to be put in place in order to guarantee effective protection (internal and external reporting channels, protection of the confidentiality/identity of whistleblowers, broad definition of prohibition of retaliation, remedial actions for whistleblowers who suffer retaliation). Lastly, the article gauges the impact that the proposal is expected to have on workplace culture, in both the private and public sectors, and on good governance and accountability across the EU.