Source: mlalerte.org
On the 20 January 2021, a new Bill (no. 4398) to transpose the EU Directive on Whistleblowing into French national law passed its first reading in the Senate.
The process is delayed in France which is in breach of the official deadline imposed on all 27 Member States to fully transpose the Directive. Only 5 countries met the 17 December 2021 deadline.
The Bill, introduced to Parliament by MP Sylvain Waserman is being backed by the Government. The provisions, which were developed by Waserman in conjunction with civil society, included several provisions which went beyond the minimum standards required by the Directive in key areas to meet international best practice. However significant amendments, which watered down these proposals, caused much alarm and opposition of whistleblowing protection advocates and calls to return the text to its original draft.
The Senate backtracked on some amendments, including the definition of whistleblower, but stuck to others: removing the protection of organisations when considered “facilitators” or tightening the requirements for disclosure to the press, for instance. On February 1st, a special commission or “ Commmission mixte paritaire” will attempt to agree on a compromise between the national assembly (assemblée nationale) and the Senate and draft a revised Bill. If successful, it is hoped the new law will be finally passed on 16 February 2022.