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Romania: Senate re-adopts whistleblowing law after re-examination for unconstitutionality

The Senate adopted, on 1 September 2022, the Draft Law on the Protection of Whistleblowers in the Public Interest, which was previously adopted by the Senate in April 2022 and by the Chamber of Deputies in June 2022. In particular, the decision to adopt the law for a second time follows from the Senate's re-examination of the law, as requested by the President of Romania as a result of allegations of unconstitutionality. More specifically, the decision follows favourable opinions issued by the Commission for Information and Communications Technology and the Law Commission, the latter of which also put forward amendments to the law, which were accepted by the Senate.

Consequently, the law, as amended, must now be adopted by the Chamber of Deputies in order to enter into force.

You can read the decision here, the adopted law here, and the amendments here, and track the law's progress under the Senate here and under the Chamber of Deputies here, all only available in Romanian.

UPDATE (26 September 2022)

Law Commission issues favourable opinion on adopted law

The Law Commission published, on 21 September 2022, a favourable opinion on the Draft Law on the Protection of Whistleblowers in the Public Interest, as amended by the Senate, following its presentation in the Chamber of Deputies on 6 September 2022. In particular, the Commission acknowledged the amendments put forward by Senate and the President's request for re-examination. As such, the Commission accepted the majority of amendments; however, it also rejected amendments which would have required entities to examine and resolve anonymous reports that do not include, at minimum, the name and contact details of the whistleblower.

In conclusion, the Commission confirmed that it had submitted the amended law to the plenary session of the Chamber of Deputies for adoption.

You can read the opinion, only available in Romanian, here.