Source: whistleblowingnetwork.org
Anti-Corruption NGO Transparency International Bulgaria have published a statement highlighting futher concerns for the transposition of the EU Directive on Whistleblowing into Bulgarian national law, following the Commission for Personal Data Protection (CPDP) – the external body for receiving whistleblowing reports – adoption of Guidance on the Receiving, Registering and Reviewing of Reports on the 27 July 2023
The position paper states concerns for the opaque process of adoption of the secondary legislation and its inconsistencies, which hinders the transposition process.
“The key issues related to the adopted Methodological Guidance No. 1 are that it could be perceived as anti-constitutional, has an ambiguous legal nature, creates rights and obligations that are not regulated by the Whistleblower Protection Act, and finally, it did not go through a public consultation procedure…
The CPDP cannot be perceived and recognized as a superior body to any of the obligated
entities, which makes the introduction of rules and guidelines in the form of “Methodological Guidance” problematic in terms of implementation and enforcement as the normative act itself is not stable and could, probably should and would be attacked in front of the Supreme Administrative Court.”