The French MEP Virginie Rozière (S&D) has proposed extending the mandate of the European Ombudsman to cover alerts by whistleblowers, in her own-initiative report on the cross-cutting protection of whistleblowers, of which EUROPE had sight on Tuesday 27 June.
This proposal confirms the areas for work under consideration at the EP earlier in the month (see EUROPE 11801). The MEP is proposing a system of bodies structured around the national and European levels. At national level, Rozière calls on the member states to create independent bodies to act as a central contact for alerts, to verify the credibility of sources - i.e. of the whistleblowers themselves - and to guide the whistleblowers in their actions.
Most of all, the MEP invites the Commission to set up a body at European level to take responsibility for coordinating the actions of the member states, particularly in cross-border situations. She suggests this European body could also accept notifications, check their credibility and guide whistleblowers in the same way as the national bodies. She concluded by suggesting that the European Ombudsman could do this job.
Definition of whistleblower. The Social Democrat MEP is also proposing a broad definition of whistleblowers, to cover as many situations as possible in both the private and public sector, and also consultants and freelancers. On this point, she lists reasons justifying the fact that these alerts should not just cover infringements of the law, but also actions against the general interest. The MEP defines general interests as covering: - acts of corruption; - conflicts of interest; - the illegal use of public funds; - threats to the environment; - health; - public security; - national security; - the protection of privacy and personal data; - tax avoidance; - infringements of workers’ rights and social rights; - infringements of human rights.
Anonymity vs confidentiality. The draft report calls upon the Commission to set in place a multi-level system allowing whistleblowing inside and outside an organisation, with detailed and clearly identifiable notification procedures to facilitate the transmission of information. On this point, the MEP argues in favour of ensuring the anonymity of whistleblowers. Readers may recall that anonymity goes further than confidentiality as in the latter situation, the name of the whistleblower is revealed during judicial proceedings.
Unions to support whistleblowers. As for support for whistleblowers, the MEP proposes that they be granted financial assistance to offset the professional, psychological and financial consequences of their actions. It is worth noting that she highlights the role of unions in supporting whistleblowers.
The timetable will be tight, as Parliament must present its position to the Commission before the latter presents an initiative before the end of the year (see EUROPE 11738). The own-initiative report was submitted to the services of Parliament on Friday 23 June and has still not been translated. The MEP is to present her report to the ‘legal affairs’ committee (JURI) on 12 July. The committee’s vote on amendments is scheduled for 28 September. The report is then expected to be put to a vote of the second plenary session in October (from 23 to 26 October). (Original version in French by Pascal Hansens)