The whistleblowers' initiative presented by the European Commission on Monday 23 April (see EUROPE 11207) obtained a generally positive welcome at the European Parliament and with civil society, even though a number of observations were made, particularly with regard to the tiered reporting system and the blind spot in the directive in the social arena.
In a press release, Virginie Rozière (S&D, France) exclaimed “Whistleblowers: finally, European protection!” She is the author of the own initiative report that calls on the Commission to protect whistleblowers (see EUROPE 11875). The MEP was delighted that, “We doubted the legislative nature of the initiative presented right to the end. The fact that they have made the choice for a directive is victory!” She also pointed out that many proposals in her report had been included.
In reply to EUROPE, the MEP praised the proposal more than the Commission, particularly because the Commissioner for Justice, Věra Jourová, had not been very enthusiastic about the project, especially at the time of the directive on trade secrets. She added, however, that “The devil is in the detail” and expressed concern about the tiered reporting system and the fact that the text refers to a range of European legislative acts in an overly restrictive way. She sarcastically pointed out that, “A European Masters is going to be required to become a whistleblower”. Ms Rozière regretted that her proposal from the European body had not been retained and immediately intends to return to this point, insisting, that, “a supranational appeals mechanism is sometimes useful”.
Given the large number of articles mentioned from the Treaty on the Functioning of the European Union, the MEP said that she anticipates heated debates between MEPs and the Conference of the Presidents to decide which committee will ultimately be responsible for it. She considers that the legal affairs committee should be in charge.
In the civil society field, Eurocadres, which represents executives and managers, is particularly involved in this dossier and welcomed the proposal in a press release. In response to EUROPE, the President of Eurocadres, Martin Jefflén, welcomed the directive's scope. He also praised the open list banning a range of retaliation measures but regretted that article 153 of the TFEU on health and safety at work is not included in the legal basis. The European Public Services Union (EPSU) also welcomed the directive, especially the recognised role for the unions providing support to whistleblowers. The EPSU also welcomes the directive's scope.
Nothing for workers
The European Trade Union Confederation (ETUC) was less enthusiastic and stated, “In many aspects whistle-blowers can expose harm to animals or the environment, but not to workers!” The organisation also regrets the fact that the Annex to the directive fails to refer to European legislation on labour and employment law. The ETUC is also concerned about the ramifications of a legal basis that is so complicated.
In its reply to EUROPE, BusinessEurope also appreciated the three tiered reporting system and the fact that those targeted by the reporting have protection. On the other hand, the organisation is concerned by the lack of clarity on the conditions for a whistleblower to approach the public and media.
Journalists
The European Journalism Centre (EJC) also welcomed the directive but called for clarification with regard to the tiered reporting system and the conditions in which a source can directly approach journalists. (Original version in French by Pascal Hansens)