Activities of Guillaume BALAS related to 2016/2224(INI)
Shadow opinions (1)
OPINION on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies
Amendments (13)
Amendment 7 #
Draft opinion
Recital A
Recital A
A. whereas the role of whistle-blowers is to help in deterring and preventing wrongdoing, such as mismanagement, fraud and corruption, thus contributing to the promotion of the rule of law, transparency and democratic accountability;
Amendment 33 #
Draft opinion
Recital G
Recital G
G. whereas corruption is one of the most serious problems facing the world today, as it can hamper a state’s ability to deliver inclusive economic growth in various fieldsensure the protection of the general interest and the promotion of the rule of law, transparency and democratic accountability;
Amendment 46 #
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for action to change the public perception of whistle-blowers by highlighting their positive role as an early warning mechanism toto detect and prevent abuses and corruption and to enable public scrutiny of state action;
Amendment 48 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the recommendation of the Council of Europe concerning the scope of a European framework for the protection of whistle-blowers which should cover all individuals working in either the public or private sectors, irrespective of the nature of their working relationship and whether they are paid or not;
Amendment 51 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for measures to protect workers who detect and report cases of wrongdoings in the field of unemployment such as mismanagement, fraud and corruption; stresses the importance of ensuring the anonymity of whistle-blowers and the confidentiality of the process;
Amendment 61 #
Draft opinion
Paragraph 3
Paragraph 3
3. Points to the dangers of excluding whistle-blowing workers from career progression and of retaliation by colleagues and management at their workplace, and the dampening effect this has on those who may come across wrongdoing; considers that perpetrators of retaliation shall be subject to a regime of professional sanctions and civil penalties;
Amendment 72 #
Draft opinion
Paragraph 4
Paragraph 4
4. RecallStresses the importance ofto set up devising instruments at the European level to ban any form of retaliation, whether this be active dismissal or passive measures such as, discrimination at the workplace such as retributive transfers, reduced prerogatives or working hours, loss of benefits, or passive measures such as the threat of such actions or the blocking of promotion;
Amendment 76 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that whistle-blowers and their family members whose lives or safety are in jeopardy must be entitled to receive effective and adequate protection;
Amendment 77 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that the burden of proof should lie with the employer who must clearly demonstrate that any measures taken against an employee were in no sense connected with a whistle-blower’s disclosure;
Amendment 79 #
Draft opinion
Paragraph 5
Paragraph 5
5. Urges employers and the authorities to swiftly act on the information reported to them after this has been thoroughly verified, and to address the shortcomings identified; considers that the European framework should encourage reporting or disclosure by individuals for public interest reporting and disclosures; highlights the necessity to ensure: – the establishment of appropriate internal reporting procedures in cooperation with workers' representatives ensuring anonymity and confidentiality; – the reporting to relevant public regulatory bodies, law enforcement agencies and supervisory bodies; – the disclosure of information of public interest to the public, for example to a journalist or an elected representative;
Amendment 84 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that the European Ombudsman could serve as the European supervisory body and contact point for whistle-blowers;
Amendment 85 #
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that proper European legislation is needed; encourages Member States to develop legislative instruments that protect those who report justified and proven breaches of conduct to public authoritthe Commission to propose legislative instruments ensuring effective measures to protect whistle-blowers acting in the public interest when disclosing confidential information of companies and public bodies;
Amendment 97 #
Draft opinion
Paragraph 8
Paragraph 8
8. RecallSuggests that in the event of false accusations which are deliberately false and were made in bad faith, those responsible should be held accountable.