22 Amendments of Fabio Massimo CASTALDO related to 2016/2224(INI)
Amendment 2 #
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas whistle-blowers provide a fundamental service to the whole community, play a very important and valuable role for the safeguard of the general interest and are key in the fight against corruption and other infringements, as repeatedly recognised by the European Parliament, together with international organisations like the Council of Europe and the United Nations; bearing in mind that all these subjects expressed the necessity to protect whistle-blowers;
Amendment 3 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the Union is founded on the values of democracy, the rule of law and respect for human rights, which are enshrined in Article 2 TEU;
Amendment 8 #
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas whistle-blowers protection in Europe is incomplete, sectorial and uneven among Member States (and in some cases, completely missing) with negative consequences, among others, on EU policies and financial interests;
Amendment 10 #
Draft opinion
Recital A c (new)
Recital A c (new)
A c. whereas at present whistle-blowers very often experience negative consequences and retaliation because of their disclosure, they become victim of social exclusion and stigmatisation - together with their families- and frequently lose their job;
Amendment 11 #
Draft opinion
Recital C
Recital C
C. whereas reporting by whistle- blowers of information that could threaten or harm the public interest is done on the basis of their freedom of expression and information, both rights enshrined in the EU Charter of Fundamental Rights, in particular Article 11 thereof, and with a strong sense of responsibility and civic morality;
Amendment 18 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas Article 352 TFEU confers to the Union the possibility to act beyond its explicit powers, within the framework of the policies defined in the Treaties, if its action proves necessary to attain one of the objectives set out in Treaties themselves;
Amendment 23 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that whistle-blowing plays a crucial role in the fight against corruption and other serious crimes; points out that protection of whistle-blowers should not be limited only to cases where confidential information is revealed but to all cases of disclosure of misconduct, wrongdoing or involvement in illegal activities; points out that the existing Union legislation on protection of whistle- blowers is scattered and that the protection of whistle-blowers across the Member States is uneven, which often impacts and, in certain cases, non-existent, which could impact highly negatively on EU policies;
Amendment 29 #
Draft opinion
Paragraph 1
Paragraph 1
1. Takes the view that, given the central role of whistle-blowers in tackling corruption, it is important that people who disclose information (whether confidential or otherwise) concerning alleged irregularities or crimes are afforded proper protection, both of their physical and moral integrity and, of their livelihoods, by being granted the highest possible level of and legal expenses; believes that financial compensations should be confsidentialityred as prior claims for legal purposes;
Amendment 31 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Is convinced that the highest possible level of confidentiality should be granted to whistle-blowers and believes that anonymous disclosures should be admissible if supported by adequate evidences;
Amendment 32 #
Motion for a resolution
Recital E
Recital E
E. whereas whistleblowing has proved useful in a number of areas, both in private and public sector, such as public health, taxation, the environment, consumer protection, combating corruption and upholding social rights;
Amendment 33 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. considers that, when the reporting made by a whistle-blower results in a judgement acknowledging a fiscal damage or a damage to the image of the public institutions, he should be awarded with an amount of money to be calculated in proportion to the recovered sum;
Amendment 44 #
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, resulting in discrimination and social exclusion, not infrequently affecting their families also, and at the possibility of initiating criminal and civil judicial proceedings against whistle- blowers; calls for the creation of a clear horizontal legal framework that includes definitions, protection against different forms of reprisals, and exemptions from criminal and civil proceedings, according to criteria to be established; considers it essential, moreover, to protect whistle-blowers in psychological, physical, financial and professional terms and ensure prompt compensation for any harm suffered by them as a result of their actions;
Amendment 64 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to present a horizontal legislative proposal with a view to effectively protectingn holistic approach to the task of introducing a common regulatory framework which guarantees a high level of protection across the board in both the public and private sectors for whistleblowers in the EU before the end of this year; stresses that there are at present a number of possibilities for legal bases enabling the EU to take action on the matter; calls on the Commission to consider all those possibilities with the aim of proposing a coherent and effective mechanism; calls on the Commission to consider the doctrine elaborated by the CJEU, through long-standing case-law, about the concept of implied competences of the Union;
Amendment 64 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Encourages Member States to promote a culture of recognition of the important role played by whistle-blowers for the society, also through awareness- raising campaigns;
Amendment 81 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes ‘whistleblower’ to mean anybody who reports on or reveals information on an unlawful or wrongful act or an act which undermines the public interest, in the context of his or her working relationship, be it in the public or private sector, of a contractual relationship, or of his or her trade union or association activities; this includes individuals who are outside the traditional employee- employer relationship, such as consultants, contractors, trainees/interns, volunteers, student workers, temporary workers and former employees;
Amendment 90 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, criminal offences, breaches of legal obligation, miscarriages of justice, abuse of authority, conflicts of interest, unlawful use of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers’ rights and other social rights and attacks on human rights, and acts to cover up any of these breaches;
Amendment 116 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Member States to promote the positive role that whistleblowers play, in particular through awareness-raising campaigns and even providing a reward for cases of tax losses, fiscal damage and damage to the public image;
Amendment 148 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her should be brought to an end, and the whistleblower should receive full compensation for the damage incurred, such as lost earnings and status and pain and suffering;
Amendment 168 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; considers it necessary to provide for a reversal of the burden of proof in respect of retaliation against and pressure on whistleblowers; takes the view that confidentiality should be guaranteed throughout the proceedings and that the identity of the whistleblower may not be disclosed without the individual’s explicit consent, unless it is absolutely necessary in order to carry out criminal proceedings;
Amendment 188 #
18. Stresses the role that trade unions and civil society organisations play in supporting and helping whistleblowers in their dealings within their organisation;
Amendment 204 #
20. Calls on the Member States to introduce an independent body responsible for collecting reports, verifying their credibility and guiding whistleblowers, particularly in the absence of a positive response from their organisation; believes that those independent bodies should be provided with specific support funds;
Amendment 215 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. consider that, when the result of reporting by a whistleblower ends in a sentence of fiscal damage or damage to the public image, whistleblowers should be awarded with an amount of money proportionate to the recovered sum;