Source: whistleblowingnetwork.org
New analysis from Transparency International has found that most EU countries, including Portugal, 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 Portugal. Highlighting that whilst the legislation provides for the imposition of significant penalties for organisations failing to establish whistleblowing channels, the law has a narrow and fragmented material scope (EU law in certain areas and violent or highly organised crimes), has more stringent conditions for protection than the required ‘reasonable grounds to believe’ threshold in the Directive, includes limitations on direct external reporting and the reversed burden of proof – which are not in line with the Directives minimum standard requirements.
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.