13 Amendments of Eva JOLY related to 2016/2224(INI)
Amendment 2 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. Whereas whistle-blowers who act in the public interest in order to expose misconduct, wrongdoing, fraud or illegal activity often take a very high personal risk as they may be dismissed, sued, boycotted, arrested, threatened or victimised and discriminated in a variety of other ways.
Amendment 12 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. Whereas in its Resolution of 23 October 2013 on ‘Organised crime, corruption and money laundering: recommendations on action and initiatives to be taken’ (P7_TA(2013)0444) , the European Parliament particularly called for the Commission, by the end of 2013, to submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection programme in the public and in the private sector to protect those who detect inefficient management and irregularities and report cases of national and cross-border corruption relating to EU financial interests and to protect witnesses, informers, and those who cooperate with the courts, and in particular witnesses testifying against mafia-type and other criminal organisations, with a view to resolving the difficult conditions under which they have to live.
Amendment 15 #
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. Whereas in its resolution adopted on 25th November 2015 on 'Tax Rulings and other measures similar in nature or effect’ (P8_TA(2015)0408), the European Parliament called on the European Commission to propose EU legislation to protect whistle-blowers by June 2016 and condemned the fact that citizens and journalists can be subject to legal prosecution rather than legal protection when, acting in the public interest, they disclose information or report suspected misconduct, wrongdoing, fraud or illegal activity.
Amendment 16 #
Draft opinion
Recital C c (new)
Recital C c (new)
Cc. Whereas in its Resolution adopted on 16th December 2015 on “Bringing transparency, coordination and convergence to corporate tax policies” (P8_TA(2015)0457), the European Parliament called on the European Commission to bring forward a legislative proposal offering Union-wide protection for whistle-blowers who report suspected misconduct, wrongdoing, fraud or illegal activity to national or European authorities or, in cases of persistently unaddressed misconduct, wrongdoing, fraud or illegal activity that could affect the public interest, to the public as a whole.
Amendment 17 #
Draft opinion
Recital C d (new)
Recital C d (new)
Cd. Whereas in its Resolution of 14 February 2017 on the role of whistle- blowers in the protection of EU’s financial interests (P8_TA(2017)0022), the European Parliament urged the Commission to immediately submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection programme which includes mechanisms for companies, public bodies and non-profit organisations and, in particular, called on the Commission to submit a legislative proposal before the end of 2017 protecting whistle-blowers as part of the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Union, with a view to affording effective and equivalent protection in the Member States and in all the Union’s institutions, bodies, offices and agencies;
Amendment 18 #
Draft opinion
Recital C e (new)
Recital C e (new)
Ce. Whereas there exists significant variation between the ways in which different Member States provide protection for whistle-blowers and as a result workers both in the public and private sector who hold vital information, which can also be of relevance in another Member State, are understandably reluctant to come forward and therefore that information will not be made available.
Amendment 25 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that whistle-blowing plays a crucial role in the fight against corruption and other serious crime, fraud, tax fraud and tax evasion, mismanagement, oppression, discrimination and other wrongdoings and serious crimes; notes that whistleblowing is one of the most effective ways of halting and preventing wrongdoing from occurring or uncovering it if it already took place, and it is essential for protecting the public interest and for maintaining accountability and integrity in both the public and private sectors; 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 negatively on EU policies;
Amendment 33 #
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that protection of whistle- blowers should be harmonised at EU level; is of the opinion that a horizontal EU legal instrument providing protection for whistle-blowers in the public and private sectors and complemented by sectoral rulesall fields of EU competence would be the most efficient approach in order to ensure comprehensive and genuine protection of whistle-blowers; emphasises that whistle-blowers who disclosure inaccurate information in honest error should still be protected and they should not have to prove that they acted in good faith: reiterates in this regard its call on the Commission to present by the end of 2017 a legislative proposal defining whistle- blowing and setting out common rules for the protection of whistle- blowers1 ; _________________ 1 Text adopted P8_TA(2016)0403.
Amendment 42 #
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, 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; related to the disclosure as well as from other disciplinary measures or other forms of reprisal (including dismissal, demotion, withholding of promotion and others) according to criteria to be established; stresses that whistle-blowers should be able to report information anonymously and to have their identity kept secret and have the possibility, wherever it fits with the national legal system, to file for interim or injunctive relief in order to prevent dismissal until the outcome of the whistleblowing case has been established.
Amendment 51 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the creation of legal and secur, confidential, secure and safe disclosure channels at national level to facilitate reporting to the competent authorities of information on threats to the public interest; emphasises that whistle-blowers should be free to report both internally, within the workplace, and externally to the competent authorities, parliamentarians and oversight agencies, trade unions and employers’ associations, and also to the public through the media or non-governmental organisations.
Amendment 57 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that whistle-blowers should have access to independent legal advice on their case and to an attorney, and they should be given psychological support and/or treatment if needed; emphasises that actions taken to harass whistle- blowers, their family or colleagues as a result of the protected disclosure should be prohibited and sanctioned; stresses that whistle-blowers, their family and colleagues should also be able to claim compensation for any harassment suffered or the loss of current or future livelihood, if the damage occurred in retaliation for a protected disclosure.
Amendment 64 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that investigations into the issues raised by whistle-blowers should be conducted independently and within the shortest time frame possible, protecting also the rights of individuals that might be implicated by a disclosure. Both the whistle-blower and any person implicated by a disclosure should be able to provide additional arguments and evidence throughout the investigation, and they should be kept informed of the handling of the disclosure.
Amendment 72 #
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that the right of citizens to report wrongdoing is a natural extension of the right of freedom of expression and information, as well as the strong substrate component of civic morality, must be taken into account when assessingenshrined in Article 11 of the Charter of Fundamental Rights, and it is essential to ensure the principles of transparency and integrity and the protection of the public interest.