On Thursday 11 January the Social Democrats, GUE/NGL and Greens/EFA groups gave an unenthusiastic response to the Luxembourg Court of Cassation’s ruling to quash the decision made on 15 March 2017 by the Court of Appeal in the Grand Duchy that passed sentence on Antoine Deltour, the whistleblower in the Luxleaks affair. They also expressed regret about the rejection of the appeal lodged by Raphaël Halet. They consider that this decision demonstrates that European legislation to protect whistleblowers is necessary.
Virginie Rozière (S&D, France) MEP steered through this own initiative report on whistleblowers and stated, “an important step has been made today but the Luxleaks trials have not been completed”. She is calling for a fast track adoption of European legislative text in this connection because the MEP considers that the ruling by the Court of Cassation in Luxembourg “is far from satisfactory" given that Antoine Deltour will have to appear at the Court of Appeal again and Raphaël Halet will have to approach the European Court of Human Rights and which, according to Ms Rozière, has particularly lengthy procedural timeframes.
She considers that the ruling demonstrates the financial and human cost of “legal battles" and then points out that “without their support committee, (the two whistleblowers would not have had the material means to have their status recognised”. She concludes that, “additional emergency proof requires the introduction of European protection for whistleblowers, with both legal and financial support".
Similar views were propounded by the GUE/NGL, for which justice has only been delivered in a “half measure”. It then announced that the group will continue with struggles to protect whistleblowers. The Greens also gave a cool reception to the Court of Cassation's decision and reiterated their call for the adoption of European legislation, which the group has been calling for many years and was the first to submit a draft directive in this regard in 2016 (see EUROPE 11546).
As we go to press, the ECR, EPP, EFDD, and ENF have not published any declaration in Europe in this sense.
Unions also want European legislation. The European Trade Union Confederation’s (ETUC) confederal secretary, Esther Lynch, called for the adoption of a text of European laws to protect whistleblowers in an effort to rectify the current “patchwork”. She also urged European legislators to adopt a directive. Eurocadres, the trade union representing European managerial staff regretted what had happened to Raphaël Halet.
The European Commission is expected to present an initiative on 28 March according to the points included in the College's meeting agendas (see EUROPE 11933).
To consult the decision made by the Court of Cassation, please see the following link: http://bit.ly/2mqnFMa. (Original version in French by Pascal Hansens)