86 Amendments of Kostas CHRYSOGONOS related to 2016/2224(INI)
Amendment 3 #
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas whistle-blowers played and are still playing an important role in cases such Lux Leaks, Swiss Leaks, Wiki Leaks and Panama Papers revelations, thus contributing to increased reforms to combat financial tax fraud, money laundering, intransparency and corruption, which infringe fundamental rights and hamper social, economic development and the rule of law;
Amendment 5 #
Draft opinion
Paragraph 1
Paragraph 1
1. Is of the opinion that since the effectiveness of the whistle-blowing environment is affected by cultural values, implementing an identical mechanism in all Member States may result in dysfunctional behaviour and needless costs, and that any measures taken should therefore be tailored to fit national contextTakes note that the Commission, in its EU Anti-Corruption report, stated that EU Member States have in place most of the necessary anti-corruption legal instruments and institutions, however, the results they deliver are not satisfactory across the EU and their capacity and efficiency should be improved; calls, therefore, on the Member States to enforce anti-corruption rules and, at the same time, to properly implement European and international standards and guidelines concerning whistle-blowers' protection in their national laws; insists that whistle-blowers play an essential role in helping Member States and EU institutions and bodies to deter and prevent any breaches of the principle of integrity and misuse of power that threaten public health and safety, financial integrity, human rights, the environment and the rule of law at European and national levels, and undermine the trust of citizens in democratic institutions and processes; notes that whistle-blowers often disclose scandals affecting several Member States; stresses, however, therefore that existing cultural differences do not detract from the need for legal protection of whistle-blowers in Member States;
Amendment 6 #
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas whistleblowing, based on the principles of transparency and integrity, is an essential source of information in the fight against crime and in the investigation of corruption in the public and private sector; whereas whistle-blowers play an essential role in helping Member State and EU institutions and bodies prevent and tackle, among others, any breaches of the principle of integrity and misuse of power that threaten or violate public health and safety, financial integrity, the economy, human rights, the environment or the rule of law at EU and national levels, or the raise of unemployment, restrict or distort fair competition and undermine the trust of citizens in democratic institutions and processes;
Amendment 7 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard on the resolution 1729 (2010) of the Parliamentary Assembly of the Council of Europe on the protection of whistle-blowers,
Amendment 8 #
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
– having regard on the resolution 2060 (2015) of the Parliamentary Assembly of the Council of Europe on improving the protection of whistle- blowers,
Amendment 9 #
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
– having regard to its resolution of 16 December 2015 with recommendations to the Commission on bringing transparency, coordination and convergence to corporate tax policies in the Union (2015/2010(INL)),
Amendment 9 #
Draft opinion
Recital A c (new)
Recital A c (new)
A c. whereas the protection of whistle- blowers is essential for safeguarding the public good of the EU and Member States and for promoting the democratic quality of, and the trust in, public and private institutions, as well as for contributing decisively to a culture of public accountability and integrity in public and private institutions;
Amendment 10 #
Motion for a resolution
Citation 12
Citation 12
Amendment 12 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions,
Amendment 12 #
Draft opinion
Recital A d (new)
Recital A d (new)
A d. whereas the protection of whistle- blowers has been recognised by all major international instruments concerning corruption and whistleblowing standards have been set out by the UN Convention against Corruption (UNCAC), Council of Europe Recommendation CM/Rec(2014)7 and the 2009 OECD Anti-Bribery Recommendation; whereas most EU Member States have ratified the UN Convention against Corruption, which makes it obligatory to provide appropriate and effective protection to whistle- blowers;
Amendment 13 #
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to the report of the Committee on Budgetary Control on the role of whistle-blowers in the protection of EU's financial interests (2016/2055(INI)),
Amendment 13 #
Draft opinion
Recital A e (new)
Recital A e (new)
A e. whereas the protection of whistle- blowers should be guaranteed by law and reinforced throughout the EU, provided that the purpose of their action is to protect the public interest by acting in good faith in accordance with the jurisprudence of the European Court of Human Rights;
Amendment 14 #
Draft opinion
Recital A f (new)
Recital A f (new)
A f. whereas there is a need to ensure that any kind of retaliation against whistle-blowers will be suitably punished, as according to the OECD more than one third of organisations with reporting mechanism do not have or do not know of, a written policy on protecting those who report from reprisals;
Amendment 15 #
Draft opinion
Recital A g (new)
Recital A g (new)
A g. whereas in many jurisdictions, and particularly in the private sector, employees are subject to duties of confidentiality with respect to certain information, with the possible consequence that whistle-blowers might encounter disciplinary actions for reporting outside their organisation;
Amendment 16 #
Draft opinion
Recital A h (new)
Recital A h (new)
A h. whereas the protection of whistle- blowers in the EU has become even more urgent, as the Trade Secrets Directive limits the rights of whistle-blowers and may thus have a discouraging effect on those who want to report irregularities, especially in the context of Union funding from which individual companies have benefitted;
Amendment 17 #
Draft opinion
Recital A i (new)
Recital A i (new)
A i. whereas the office of the European Ombudsman has a clear competence in relation to the investigation of complaints of EU citizens about maladministration in the EU institutions, but in itself plays no role in the protection of whistle-blowers;
Amendment 18 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. whereas all the EU institutions have been obliged since 1 January 2014 to introduce internal rules protecting whistle-blowers who are officials of the EU institutions, in accordance with Articles 22a, 22b and 22c of the Staff Regulations;
Amendment 19 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. 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 enshrined in the EU Chapter of Fundamental Rights, and with a strong sense of responsibility and civic morality;
Amendment 19 #
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. whereas protection of whistle- blowers at Member States level has neither been implemented in all Member States, nor harmonised, it may be risky for whistle-blowers to provide institutions such as the European Parliament with information on irregularities, as they are afraid of what might happen to them owing to the lack of protection;
Amendment 20 #
Motion for a resolution
Recital C
Recital C
C. whereas whistle-blowers play an important role in reporting unlawful or improper conduct which undermines or endangers the public interest; whereas by doing so they help significant Member States and EU institutions and bodies to prevent and tackle, among others, any breaches of the principle integrity and misuse of power that threaten or violate public health and safety, financial integrity, the economy, human rights, the environment or the rule of law, the raise of unemployment, restrict or distort fair competition and undermine the trust of citizens in democratic institutions and processes at EU law and national levels;
Amendment 20 #
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. whereas it is vital for a horizontal legal framework to be established as a matter of urgency, which by laying down rights and obligations, protects whistle- blowers throughout the EU, as well as in the EU institutions
Amendment 21 #
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c. Regrets that the Commission has so far failed to submit any legislative proposals aimed at establishing a minimum level of protection for whistle- blowers; urges therefore the Commission to immediately submit a legislative proposal establishing an effective and comprehensive whistle-blower protection programme which includes such mechanisms for companies, public bodies and non-profit organisations, with a view affording effective and equivalent protection in the Member States and in all the Union's institutions, bodies, offices and agencies;
Amendment 22 #
Draft opinion
Paragraph -1 d (new)
Paragraph -1 d (new)
-1 d. Notes that only a few Member States have introduced sufficiently advanced whistle-blower protection systems; calls on those Member States which have not yet adopted the principles to protect whistle-blowers in national law, to do so as soon as possible;
Amendment 23 #
Draft opinion
Paragraph -1 d (new)
Paragraph -1 d (new)
-1 d. Underlines that both the whistle- blowers and the private or public body or institution involved should ensure the legal protection of rights guaranteed by the EU Charter of Fundamental Rights and by national legal provisions;
Amendment 24 #
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 are afforded proper protection, both of their physical and moral integrity and their livelihoods, by being granted the highest possible level of confidentiality; calls therefore on the Commission to ensure that all whistle- blowers, as well as people who assist them, e.g. defence witnesses, pursue a valid claim in court, have access to independent legal advice of their own choice, social, financial and psychological support, as well as relief measures, as appropriate;
Amendment 25 #
Draft opinion
Paragraph 3
Paragraph 3
3. ReaffirmsObserves that, in the case of whistle-blowers, there is no bilateral conflict between the whistle-blower and the business or authority but polygonal differences of interests, including in some cases across national borders, and that, while efforts should be made to weigh up the entitlement of businesses or authorities to have information kept secret and to expect loyalty, what is at stake is the provision of information in the public interest; reaffirms therefore the need for public and private organisations in the Member States to establish internal and external whistle-blowing procedures for their employees, setting out clear confidential routes for making disclosures; considers that, in this context, the legislature should in advance provide a structure for selecting the whistle-blowing procedure, in order to guarantee comprehensive protection of freedom of expression in accordance with Article 10 of the ECHR;
Amendment 29 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the safeguarding of confidentiality contributes to the creation of more effective channels for reporting fraud, corruption or other infringements, and whereas given the sensitivity of the information mismanagement of confidentiality may lead to undesired information leaks and a violation of the public interest of the Union and the Member States;
Amendment 31 #
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that, owing to significant gaps in the protection of whistle-blowers against retaliation, the obligation to use internal reporting channels can be risky and act as a deterrent, restricting both freedom of expression and the public’s right to access information; stresses that internal reporting procedures shouldmust not act as a tool for prohibiting the act of informing the wider public of illegal activities and activities that severely harm the public interest; stresses that this must apply equally to the use of external whistle-blowing procedures and that accordingly, as laid down in Article 5 of ILO Convention 158 of 22 June 1982, the filing of a complaint, participation in proceedings against an employer or provision of information to a competent authority do not constitute valid reasons for termination of employment;
Amendment 31 #
Motion for a resolution
Recital E
Recital E
E. whereas whistleblowing, based on the principles of transparency and integrity, has proved useful in a number of areas, such as public health, taxation, the environment, consumer protection, combating corruption and upholding social rights in the public and private sector;
Amendment 36 #
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that whistle-blowing is linked toessential for freedom of the press and is essential in bringing to light illegal activities or activities which evidently severely harm the public interest; stresses that whistle-blowers are an important source of information for investigative journalism, and calls on the Member States to ensure that the right of journalists not to reveal a source’s identity is effectively protected and that authorities refrain from using surveillance in order to ascertain their sources.; observes in this context that the European Court of Human Rights has held, in its case-law, that protection of journalists' sources is not a privilege but a vital component of a free press.1a _________________ 1a European Court of Human Rights, judgment of 27.11.2007, 20477/05, Tillack v Belgium
Amendment 38 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to look at thestudy best practices employed in protecting whistle-blowers around the world and, on that basis, to take a 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; reiterates its call for proposals to be submitted by the end of 2017;
Amendment 39 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the protection of whistle- blowers should be guaranteed by law and reinforced throughout the EU, provided that the purpose of their action is to protect the public interest by acting in good faith and on reasonable grounds in accordance with the CFREU and the jurisprudence of the European Court of Human Rights;
Amendment 41 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas it is essential to ensure that any kind of retaliation against whistle-blowers will be suitably punished;
Amendment 42 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 42 #
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas the protection of whistle- blowers in the EU has become even more urgent and essential, as for instance the Trade Secrets Directive limits their rights and may thus have a discouraging effect on those who want to report irregularities in crucial areas, which may affect negatively public interests;
Amendment 45 #
Motion for a resolution
Recital G
Recital G
G. whereas the protection of whistleblowers is not guaranteed in a number of Member States, while many others have introduced advanced programmes to protect them; whereas the result of that is fragmented protection of whistleblowers in Europe, which makes it difficult for them to find out their rights and how to whistleblow, and creates legal insecurity, especially in cross-border scenarios;
Amendment 48 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the office of the European Ombudsman has a clear competence in relation to the investigation of complaints of EU citizens about maladministration in the EU institutions, but in itself plays no role in the protection of whistle-blowers;
Amendment 50 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas in many jurisdictions, and particularly in the private sector, employees are subject to duties of confidentiality with respect to certain information, with the possible consequence that whistle-blowers might encounter disciplinary actions for reporting outside of their working relationship;
Amendment 52 #
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas according to a study of OECD more than one third of organisations with reporting mechanism do not have or do not know of a written policy on protecting whistle-blowers from reprisals;
Amendment 53 #
Motion for a resolution
Recital H
Recital H
H. whereas the Commission has not proposed suitable legislative measures to protect whistle-blowers in the EU effectively; whereas, however, the Commission stated, for instance, in its communication of 5 July 2016, that the protection of whistle-blowers, in both the public and private sectors, helps to address mismanagement and irregularities, including cross-border corruption, which deprives European tax authorities of legitimate tax revenue;
Amendment 57 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas all EU institutions have been obliged since 1 January 2014 to introduce internal rules protecting whistle-blowers, who are officials of EU institutions, in accordance with articles 22a, 22b and 22c of the Staff Regulations;
Amendment 57 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Member States and EU institutions, in cooperation with all relevant authorities, to introduce and take all necessary measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats, as well as to establish transparent and clear channels for information disclosure, to set up independent national authorities to protect whistle-blowers, and to consider providing those authorities with specific support funds; calls for a centralised European authority based on the model of national privacy watchdogs to be set up.;
Amendment 59 #
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas protection of whistle- blowers at Member States level has neither been implemented in all Member States, nor harmonised, it may be risky for whistle-blowers to provide institutions such as the European Parliament with information on irregularities; as they are afraid of what might happen to them owing to the lack of protection;
Amendment 62 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas it is vital for a horizontal, comprehensive framework to be established as a matter of urgency, which by laying down rights and obligations, protects effectively whistle-blowers throughout the Member States of the EU, as well as in the EU institutions, authorities and organisations;
Amendment 62 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the need to establish an independent information-gathering, and referral EU body, with offices in all Member States, which should be in position to receive reports of irregularities in private or public sector, with sufficient budgetary resources, adequate competences and appropriate specialists, in order to help internal and external whistle-blowers in using the right channels to disclose their information on possible irregularities, while protecting their confidentiality and offering needed support and advice; considers it necessary that the work of this body would be primarily based at first stage on reliable verification of the information received;
Amendment 63 #
Motion for a resolution
Paragraph –1 (new)
Paragraph –1 (new)
-1. Calls on the Commission to study and promote best practices employed in protecting whistle-blowers around the world and, on the basis, to take a 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;
Amendment 65 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to present before the end of this year a horizontal legislative proposal with a view to effectively protecting whistleblowers in the EU before the eestablishing an effective and comprehensive whistle- blower protection programme, which should also include such mechanisms for companies, public bodies, national and European institutions, and non-profit organisations, with a view affording effective and equivalent protection in the Member States and ofin this yeare EU institutions, bodies, offices and agencies; 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;
Amendment 66 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Urges the Member States and the EU institutions to raise awareness of the serious concerns of defenceless whistle- blowers; recommends, particularly the Commission, to provide a comprehensive plan on this issue; calls in this context for a website to be launched where information on the protection of whistle- blowers should be provided, as well as complaints can be submitted; stresses that this website should be easy accessible to the public and should keep their data anonymous;
Amendment 67 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Recommends the establishment of a special unit with a reporting line as well as dedicated facilities (e.g. hotlines, websites, contact points) within European Parliament and within each national Parliament of the Member States for receiving relevant information from whistle-blowers, which will also provide them with advice and help in protecting them against any possible retaliatory;
Amendment 68 #
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Calls for the Commission to provide a clear legal framework that guarantees that whistle-blowers exposing irregularities, unlawful or unethical activities are fully protected from all forms of retaliation; urges the Member States to refrain from criminalizing the actions of whistle-blowers in disclosing information about illegal activities or irregularities harmful to some interests of public or private sector;
Amendment 69 #
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Calls on the Commission to carry out a public consultation to seek the view of stakeholders on the reporting mechanisms and on the potential shortcomings of the procedures at national level; maintains that the results of the public consultation will present a valuable input for the Commission regarding a possible proposal on the protection of whistle-blowers in the future;
Amendment 70 #
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Encourages the Member States to develop data, benchmarks and indicators on whistle-blower policies in both the public and private sector;
Amendment 71 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the need for legal certainty regarding the protective provisions afforded to whistle-blowers, as a continued lack of clarity and a fragmented approach deters potential whistle-blowers from coming forward; points out therefore that relevant EU legislation should establish a clear procedure for properly handling disclosures and effectively protecting whistle-blowers;
Amendment 71 #
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Underlines the importance of guaranteeing that whistle-blowers can report infringements in confidential way and that their anonymity is properly and fully safeguarded, also in the digital environment;
Amendment 72 #
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Calls on all EU institutions to address the Ombudsman's own initiative report of 24 July 2014, in compliance with Article 22(c) of the new Staff Regulation, inviting all EU bodies to adopt ethical alert mechanisms and whistle-blowing legal frameworks directly based on the internal rules of the Ombudsman's office; reiterates its determination to do so;
Amendment 73 #
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5 i. Calls on the Member States and the Commission to draw up a strict legal framework which will enable businesses to establish internal whistle-blower systems, properly defining the concept of a reasonable period for a reply from the undertaking, and ensuring that these systems comply with social legislation and the law protecting personal data;
Amendment 74 #
Draft opinion
Paragraph 5 j (new)
Paragraph 5 j (new)
5 j. Highlights the need for legal certainty regarding the protective provisions afforded to whistle-blowers, as a continued lack of clarity and a fragmented approach deters potential whistle-blowers from coming forward, and is detrimental to their employers; points out therefore that relevant EU legislation should establish a clear procedure for handling disclosures from start to finish to ensure proper follow through on the actions taken by whistle- blowers.
Amendment 75 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that protection of whistle- blowers should be harmonised at EU level; suggests that a clear horizontal EU legal framework providing effective protection of whistle-blowers in the public and private sectors and properly complemented, where needed, by sectorial rules would be the most efficient approach in order to ensure comprehensive and genuine protection of whistleblowers; highlights that this framework should include, among others, concrete definitions, effective protection measures against any forms of reprisals, and exemptions from criminal and civil proceedings, according to criteria to be established;
Amendment 76 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Is of the opinion that any measures taken for the protection of whistle-blowers should be tailored to fit national contexts, as implementing an identical protection mechanism in all Member States may result in dysfunctional behaviour and needless costs; stresses, however, that existing cultural differences should not detract from the need for effective legal protection of whistle-blowers;
Amendment 77 #
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Regrets that the Commission has so far failed to submit any legislative proposals aimed at establishing at least a minimum level of protection for whistle- blowers;
Amendment 78 #
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Deplores that only a few Member States have introduced sufficiently advanced whistle-blower protection systems; calls on those Member States which have not yet adopted such systems or relevant principles in national law, to do so as soon as possible;
Amendment 79 #
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 88 #
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, conflicts of interest, criminal offences, breaches of legal obligation, miscarriages of justice, abuse of authority, unlawful use of public funds, misuse of powers, threats to the environment, health, public safety, nationthe rule of law, national and global security, ands well as 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 102 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. SHighlights that whistle-blowing is linked to freedom of the press and is essential in bringing to light illegal activities or activities which evidently harm or threaten the public interest; stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistle-blowers have proved to be a crucial resource for investigative journalism and for an independent press; calls on the Member States to ensure that the right of journalists not to reveal a source's identity is effectively protected and that authorities or individuals refrain from using surveillance in order to ascertain their sources;
Amendment 108 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with concern that whistle- blowers continue to be subject to civil and criminal proceedings in a number of Member States, while the existing means to defend, support and protect them are absent or ineffective; notes that, in addition, the disparities between Member States lead to legal insecurity and the risk of unequal treatment; underlines that especially whistle-blowers, who serve in crucial areas for public interests, e.g. military, police, judicial, intelligence, bank staff, are often prosecuted particularly acutely; they should therefore enjoy sufficient and appropriate protection;
Amendment 115 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Member StateConsiders that the implementation of comprehensive legal regulations on the protection of whistle-blowers encourages a speak-up culture and that whistle-blowers should be promoted as an act of good citizenship; urges therefore the Member States and the EU institutions to promote the positive role that whistle-blowers play, in particular through awareness-raising campaignas well the serious concerns regarding their often vulnerable and defenceless position, in particular through awareness-raising and protection campaigns, communication and training efforts; recommends, particularly the Commission, to provide a comprehensive plan on this issue; calls in this context for a website to be launched where useful information on the protection of whistle- blowers should be provided, as well as complaints can be submitted; stresses that this website should be easily accessible to the public and should keep their data anonymous;
Amendment 117 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that wide consultation can be an important step in a public awareness campaign to tackle negative perceptions of whistleblowers; suggests therefore that such perceptions should be tackled by providing strong protection for voluntary, open and confidential disclosures, by legally recognising and protecting a plurality of channels for disclosing information in private and public domain, by focusing also on information that prevents harm and is in the public interest, rather than solely on reports of individual misconduct;
Amendment 119 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recommends the establishment of a special unit with a reporting line as well as dedicated facilities (e.g. relevant hotlines, helplines, websites, contact points) within European Parliament and within each national Parliament of the Member States for receiving relevant information from whistle-blowers, which will also provide them with advice and help in protecting them against any possible retaliatory;
Amendment 122 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified and safe means of reporting; stresses that the absence of clearly identified and safe means of reporting causes a number of whistle- blowers to remain silent; expresses its concern about the retaliation and pressures which whistle-blowers face when they address the guilty person or party in their organisation;
Amendment 135 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the whistle-blower should give priority to the organisation’s internal reporting mechanisms or to the competent authorities; calls therefore on Member States and EU institutions to draw up a comprehensive legal framework which will enable businesses to establish internal whistle-blower systems, properly defining the concept of a reasonable period for a reply from the undertaking, and ensuring that these systems comply with fundamental rights legislation and the law protecting personal data; stresses, however, that in the absence of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, she or she must be able to turn to non-governmental organisations or the press;
Amendment 141 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Takes the view that an employer should not be able to rely on a person's legal or contractual obligations in order to prevent that person from making a public interest report or disclosure or to penalise her or him for having done so;
Amendment 146 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concerns about the risks, such discrimination, hostility or exclusion, run by whistle-blowers 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 with a dampening effect on those who may come across wrongdoing; 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 whistle- blower, the measures taken against him or her should be brought to an end; er or him should be brought to an end; notes that such retaliation is particularly severe for whistle-blowers who serve in crucial areas for public interests, such as police, military, intelligence staff, that are subject to special discipline applied by the hierarchy of their corps within its ordinary functioning; the whistle-blower should receive therefore full compensation for the financial, social, moral and psychological damage incurred, such as lost earnings and status, as well as pain and suffering;
Amendment 154 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recommends that in legal proceedings relating to a detriment suffered by a whistle-blower, and subject to her or him providing reasonable grounds to believe that the detriment was in retaliation for having made a report or disclosure of unlawful wrongdoings or irregularities, it should be for the employer to establish that the detriment was not so motivated;
Amendment 159 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Suggests that interim relief pending the outcome of civil proceedings should be available for persons who have been the victim of retaliation for having made a public interest report or disclosure, particularly in cases of loss of employment;
Amendment 170 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Emphasises the importance that whistle-blowers, as well as people who assist them in disclosing information on a threat or harm to the public interest, e.g. relatives, colleagues, defence witnesses, are afforded proper and effective protection of their physical, moral and social integrity and their livelihoods, by being granted the highest possible level of confidentiality; suggests therefore that proper measures are required to protect whistle-blowers and any other individuals affected by a disclosure of such information;
Amendment 175 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that the option to report infringements anonymously would encourage whistle-blowers to share information in confidential way, which they would not share otherwise; stresses, in that regard, that clearly regulated means of reporting infringements anonymously should be introduced; underlines that these means should fully and properly safeguard the anonymity of whistle- blowers, also in the digital environment;
Amendment 178 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts or that the perceived threat to the public interest did not materialise, provided that, at the time of reporting, he or she had reasonable grounds to believe them to be true; recalls that in the event of false accusations, those responsible should be held accountable;
Amendment 186 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Recalls the importance of devising instruments to ban any form of retaliation, whether this is passive dismissal or passive measures; urges the Member States to refrain from criminalizing the actions of whistle- blowers in disclosing information on unlawful or wrongful acts or acts which undermine or endanger the public interest;
Amendment 189 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the role that trade unions, civil and social organisations play in supporting and helping whistleblowers in their dealings within their organisation;
Amendment 192 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that, in addition to the professional risks, whistle-blowers, as well as people who assist them in disclosing such information, also face personal, psychological, social and financial risks; believes that psychological support should be provided, that legal aidspecialized legal aid of their own choice should be given to whistle-blowers who ask for it, that social and financial aid should be given to those who express a duly justified need for it and that compensation for proven professional damages should be given as a protective measure if civijudicial proceedings are brought against a whistle-blower;
Amendment 197 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on Member States and EU institutions, in cooperation with all relevant authorities, to introduce and take all possible necessary measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats, as well as to establish transparent channels for information disclosure, to set up independent national and EU authorities to protect whistle-blowers, and to consider providing those authorities with specific support funds; calls also for the establishment of a centralised European authority for the effective protection of whistle-blowers and people who assist their acts based on the model of national privacy watchdogs;
Amendment 200 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls more concretely on the Member States to introduceestablish an independent body responsible for collecting reports,protection, information-gathering and referral EU body responsible also for verifying their credibility of gathered information and guiding whistle-blowers, particularly in the absence of a positive response from their organisation; this EU body should operate offices in all Member States which should be in position to receive relevant information in public and private sector; underlines that it should have sufficient budgetary resources, adequate competences and appropriate specialist, in order to help internal and external whistle-blowers in using the right channels to disclose their information on possible irregularities, while protecting their confidentiality and offering needed support and advice; considers it necessary that the work of this body would be primarily based at first stage on reliable verification of the information received;
Amendment 207 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that consideration should be given to making access to information and confidential advice free of charge for individuals contemplating making a public interest report or disclosure on unlawful or wrongful acts which undermine or endanger the public interest; notes that structures able to provide such information and advice should be identified and their details made available to the general public;
Amendment 214 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to carry out a public consultation to seek the view of stakeholders on the reporting mechanisms and on the potential shortcomings of the procedures at national level; maintains that the results of the public consultation will present a valuable input for the Commission regarding a possible proposal on the effective protection of whistle-blowers in the future;
Amendment 219 #
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Encourages the Member States to develop data, benchmarks and indicators on whistle-blower policies in public and private sector;
Amendment 220 #
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Calls on all EU institutions to address the Ombudsman's own initiative report of 24 July in 2014, in compliance with Article 22(c) of the new Staff Regulation, inviting all EU bodies to adopt ethical alert mechanisms and whistle-blowing legal frameworks directly bases on the internal rules of the Ombudsman's office; reiterates its determination to do so;