EU Whistleblowing Directive Tracker
Individuals working in private or public organisations are often the first to know about threats to the public interest and violations of EU law. However, fear of retaliation, i.e. an act that occurs within the work-related context in response to a whistleblower report and which may cause detriment to the whistleblower, may discourage reporting of breaches in a work-related context.
In light of the fragmented legislative approaches towards whistleblowers' protection, the European Commission issued, on 23 April 2018, a legislative proposal for the Directive on the Protection of Persons who Report Breaches of Union Law (Directive (EU) 2019/1937) ('the Whistleblowing Directive') which aims to set out some common minimum standards throughout the EU for the protection of whistleblowers.
The proposal was adopted by the European Parliament at its first reading through a resolution on 16 April 2019.
Following the European Parliament's approval, the Council of the European Union adopted, on 7 October 2019, the Whistleblowing Directive (press release available here), which was subsequently published in the Official Journal of the EU on 26 November 2019. The Whistleblowing Directive entered into force on 16 December 2019, twenty days after its publication in the Official Journal. Member States are required to transpose the directive into national legislation by 17 December 2021.
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- Official Text
There is no publicly available draft bill implementing the Whistleblowing Directive. However, on 2 August 2021, the Federal Minister of Labour confirmed that a bill is currently being worked on and is expected to be submitted to Parliament in autumn 2021 (announcement, only available to download in German, here).
On 9 January 2021, the Parliament passed a motion for a resolution on measures to protect whistleblowers and for the implementation of the Whistleblowing Directive (motion, only available in Dutch and French, here).
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