Source: transparency.de
A draft Bill to transpose the EU Directive on Whistleblowing (EUDir 2019/1937) has been approved by the Federal Cabinet. This allows for the law to be debated and passed in the German Bundestag. German civil society have raised concerns that the Bill does not go far enough in protecting whistleblowers.
NGO Whistleblower-Netzwerk, which has been closely following the transposition process, have commented on the latest legislative attempt, which they point out is the eighth to be proposed, to date, and maintain that whilst this law represents an improvement for whistleblowers in Germany it still leaves much to be desired.
In particular, despite the coalition federal government previously committing to a comprehensive law with expanded scope, the latest Bill only protects disclosure of legal violations (criminal and certain administrative). Such an approach, civil society advocates argue, will undermine legal certainty and will leave whistleblowers unclear whether or not the nature of the wrongdoing they are reporting is protected without specialist legal advice.
Annegret Falter, the Chair of Whistleblower Network said:
“This provision neither satisfies the fundamental right of freedom of expression for whistleblowers nor the right to information and participation of a democratic society… …Whistleblowers must be allowed to turn to the media without fear of reprisals in order to draw attention to serious abuses.”
The full press statement, which comments on the other areas of concern for the Bill, can be read here .
The deadline for fully transposing the EU Directive has already passed with the official deadline being 17 December 2021. The EU Commission has already begun infringement proceedings against member States who are delayed.