World Whistleblowers Day: status of the European Directive and the work of FIBGAR
October 23, 2019 marked a turning point within the European Union: Directive 2019/1937 on the protection of persons reporting breaches of EU law was adopted. The development of this directive was motivated by the existence of fragmentation regarding the protection of whistleblowers in the various Member States.
Those working in both private and public companies are the first to become aware of threats or harm to the public interest arising in their working environment. These individuals can act as whistleblowers and play a key role in curbing and mitigating such breaches. However, the retaliation they face results in a lack of motivation for potential whistleblowers to report their concerns or suspicions.
More than three years have passed since the deadline set for Member States to fully transpose Directive (EU) 2019/1937 on the protection of whistleblowers. Although all 27 countries have adopted some form of national legislation in this regard, none have completed full and compliant transposition in all respects.
In view of this situation, the European Commission has initiated infringement proceedings against most of the Member States for non-compliance or delays in implementation. In several cases, appeals have even been lodged with the Court of Justice of the European Union for failure to transpose the directive and to notify transposition measures.
Despite widespread shortcomings, some countries have begun to take significant steps. In Spain, for example, the new Independent Authority for Whistleblower Protection has been created, although it is years behind schedule, with operational problems and a lack of sufficient resources, but it aims to strengthen the national system of protection for whistleblowers and guarantees the confidentiality of their complaints.
Progress has also been made in Ireland, where the first official report on alerts in public bodies has been published, providing key data on the real impact of the mechanisms implemented. France, on the other hand, has recorded a considerable increase in the number of alerts, although accompanied by worrying findings regarding the protection and treatment of whistleblowers.
In Italy, the concern revolves around the weakness of the sanctions applied, which could limit the deterrent effect against retaliation and acts of corruption. At a more structural level, Poland has issued new guidelines to strengthen warning channels and improve their effectiveness.
These advances – albeit uneven – show that the Directive has acted as a catalyst for change, but its full and effective implementation remains a challenge in many countries.
Every June 23 is World Whistleblowers’ Day, a key date to recognize the courage, and the unjust lack of protection, of those who speak out against corruption, abuse of power and other irregularities that threaten democratic principles and the rule of law. These individuals play an essential role in defending the public interest by exposing illicit practices that would otherwise remain hidden.
However, those who choose to speak out often face retaliation at work, social isolation, psychological harm and, in many cases, legal consequences. Hence the urgent need to build strong protection and support systems. Effective protection of whistleblowers becomes an essential condition to guarantee full compliance with fundamental rights, such as freedom of expression, access to justice and protection of the public interest. The threats and reprisals faced by whistleblowers become direct violations of their fundamental rights, including harassment, unfounded dismissals, physical and psychological harm and sometimes irreversible financial consequences. This is why, in terms of human rights, protecting whistleblowers must be addressed as a real obligation of states within the framework of their international commitments.
FIBGAR, since its inception, has been firmly committed to the fight against corruption and other forms of abuse of power, developing projects such as A Change of Direction, aimed at creating a general protection framework for whistleblowers in the EU and its Member States, or EAT (Empowering Adults through Training), which aimed to promote the implementation and development of mailboxes for the safe and confidential or anonymous sending of alerts and reports.
We are still traveling this road with the same conviction and commitment. We continue to work tirelessly on new actions and projects that reinforce transparency, the protection of whistleblowers and the strengthening of the rule of law. We will be launching new developments in this regard very soon.
Providing resources, attention and recognition to whistleblowers remains key to ensuring the integrity, accountability and protection of our democracy.
Carmen Coleto Martinez, FIBGAR Junior Project Manager
