11 Amendments of Nuno MELO related to 2016/2224(INI)
Amendment 9 #
Draft opinion
Recital Β a (new)
Recital Β a (new)
Ba. Whereas in the public sector, protecting whistle-blowers can make it easier to detect the misuse of public funds, fraud and other forms of cross-border corruption linked to national or European Union interests.
Amendment 24 #
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 national legislation and 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 29 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that persons who knowingly report wrong or misleading information to competent authorities should not be considered as whistle- blowers and thus should not enjoy the protection mechanisms.
Amendment 30 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that protection against further conviction for defamation or breach of professional secrecy must be ensured.
Amendment 31 #
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 protecTakes note on the European Commission consultation foron whistle- blowers in the public and private sectors and complemented by sectoral rules would be the most efficient approach in order to ensure comprehensive and genuine protection of whistle-blowers; 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 theprotection; emphasises that only EU action must have an appropriate legal basis and must be in line with the principle of protecportion of whistle-blowers1 ; _________________ 1 Text adopted P8_TA(2016)0403ality and subsidiarity.
Amendment 39 #
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 creadefinition 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;common principles on the protection of whistle-blowers in the Member States, with respect for the principle of subsidiarity, with a view to the possible harmonisation of the different legal frameworks.
Amendment 54 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the creation of legal and secure disclosure channels at national level to facilitate reporting to the competent authorities of information on threats to the public interest; the authorities shall assure that in the cases of financial hardship the legal aid is granted in all process stages.
Amendment 60 #
4a. The rights of defence and access to remedies of the reported person should be fully respected at every stage of the procedure, including the right to access to the file, the right to be heard and the right to seek effective remedy against the decision, under the applicable procedures set out in national law.
Amendment 63 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Member States should ensure that competent authorities have in place adequate protection procedures for the processing of reports of infringements and reported persons’ personal data; such procedures should ensure that the identity of the person is protected at all stages of the procedure; this obligation should be without prejudice to the necessity and proportionality of the obligation to disclose information when this is required by Union or national law and subject to appropriate safeguards under such laws, including in the context of investigations or judicial proceedings or to safeguard the freedom of others, including the rights of defence of the reported person.
Amendment 75 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the Member States to comply with the Recommendations of Council of Europe on the protection of whistle-blowers.
Amendment 76 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the European Commission to evaluate the possibility to debate the situations of the whistle- blowers who are taking part of the wrongdoing, namely the possibility to introduce the mechanism of plea bargaining. In order to create an effective tool to fight against corruption and organised crime, it is necessary to have in account not only the situations where the whistle-blowers only reports the wrongdoing but also those who are effectively part of those actions and decide to report to the authorities.