Source: defenseurdesdroits.fr
A recent report from the Défenseure Des Droits – the “Defender of Rights” reveals ongoing challenges in France’s whistleblower protections, despite legislative amendments in 2022 aimed at aligning with EU standards.
The report – La protection des lanceurs d’alerte en France, Rapport bisannuel 2022-2023 – published on 25 September 2024 – highlights significant gaps in public awareness and support systems that continue to leave whistleblowers vulnerable.
In 2023, the Defender of Rights received 306 complaints related to whistleblowing, a sharp increase from the previous year. Requests for defence against retaliatory measures surged to 168 cases in 2023, compared to only 60 in 2022. Additionally, 77 requests for whistleblower certification were made in 2023, almost double the 40 requests from the year before.
The 2022 amendments, introduced through Law No. 2022-401 on March 21, 2022, were designed to transpose the EU Whistleblowing Directive (2019/1937) into French law. While the amendments aimed to improve protections for whistleblowers, the report indicates that their implementation remains incomplete.
Key Findings:
- Public awareness is insufficient: Many whistleblowers still do not know the full extent of their legal protections, which limits their ability to seek help.
- Lack of financial and psychological support: Although legally mandated, support systems for whistleblowers are not effectively implemented, leaving many without the assistance they need.
- Certain sectors are excluded from protection: Areas like national security are not covered by whistleblower protections, discouraging people from reporting misconduct in these high-risk fields.
- Slow implementation of 2022 reforms: While progress has been made, the full impact of the 2022 amendments has yet to be realized, and significant gaps remain in the system.
Recommendations for Improvement:
- Launch public communication campaigns to raise awareness about whistleblower protections.
- Enhance financial and psychological support systems to provide meaningful assistance to whistleblowers.
- Expand protections to cover excluded sectors, such as national security, where whistleblowing is especially risky.
Although the 2022 amendments brought some positive changes, the report concludes that without further government action, stronger public education, and better support structures, the overall effectiveness of whistleblower protections in France remains limited.