Source: transparency.nl
Anti-Corruption NGO Transparency International Netherlands (TI-NL) has provided a detailed response to the draft bill “Wet klokkenluidersregeling rechtspraak” (Whistleblower Protection in the Judiciary), which aims to extend whistleblower protection to judicial officials. TI-NL acknowledges the importance of providing these protections to judges, who previously lacked access to external reporting channels under the Dutch Whistleblower Protection Act (Wbk) due to constitutional restrictions.
However, TI-NL expressed several concerns about the proposal:
- Accessibility: The bill proposes that reports should be filed with and handled by the Procurator General of the Supreme Court. TI-NL argues that making the Procurator General of the Supreme Court responsible for receiving and dealing with the reports could create a barrier for potential whistleblowers, making the process less accessible and discouraging individuals from coming forward.
- Independence of judgement : The bill proposes that reports by judges will be judged by judges of the Supreme Court. TI-NL criticises this choice, stating that judging/ handling by judges for issues involving other judges raises concerns about impartiality and creates an inherent risk of bias.
To address these issues, TI-NL recommends the formation of an independent committee composed of judicial officers from various legal backgrounds, which would serve as a confidential, neutral point of contact for whistleblowers in the judiciary. This committee would lower the threshold for reporting and offer stronger protections while preserving judicial independence.
TI-NL also refuted claims in the consultation that there have been no practical examples of whistleblowing within the judiciary, referencing the case of Nathalie van Waterschoot, a judge who made a whistleblower report following a reprimand for an opinion piece she published on LinkedIn. This case highlights the need for better protections and more transparent processes for whistleblowers in the judiciary.