Source: whistleblowingnetwork.org
New analysis from Transparency International has found that most EU countries, including Spain, do not conform to the minimum requirements of the EU Directive.
The new Report – ‘How well do EU countries protect whistleblowers: Assessing the transposition of the EU Whistleblower Protection Directive’ scrutinises the new whistleblower protection laws adopted in 20 EU member states against the minimum requirements of the Directive and international best practice principles, finding that 19 of the 20 reviewed countries do not comply with EU requirements in at least one of four key areas. These include the rights of whistleblowers to report information directly to the authorities, access remedies and full compensation for damage suffered, obtain free and easily accessible advice, and ensuring proper penalties for those violating the protection provisions.
The report highlights positive and negative elements of the new wave transposition laws, in Spain. Highlighting that whilst the legislation establishes an Independent Authority for the protection of informants which is responsible for handling external reporting, adopting protection measures for whistleblowers and imposing sanctions for violating the law, it also has a limited and fragmented material scope (limited to certain areas of EU law, serious or very serious criminal or administrative offences, and does not provide for immunity from criminal liability in line with the Directive.
The EU Commission is currently developing a conformity assessment by which it will benchmark Member States compliance with the Directive, passed in 2019.
The full report can be read here.