Source: cdep.ro
The draft law to transpose the EU Directive on whistleblowing has stalled in Romania, after a complicated legislative process.
The legislation had previously been adopted in Romania, making it the ninth country to transpose the Directive, yet it was sent back to Parliament by the president for reexamination by Romania’s president following concerns of significant flaws.
Upon further reading in Parliament, the Senate approved changes to improve the law however also introduced a provision that required whistleblowers to declare contact details and job titles – a clause that whistleblower protection articles claim is problematic.
Radu Nicolae, a whistleblower protection expert, who was present during discussions when the provision was added stated it was “drafted in just two minutes as a demonstration of force from MPs”. Civil society and the Ministry of Justice pushed back yet it was approved and the Senate plenary voted it through.
The draft progressed once more to the Chamber of Deputies which met to discuss the Bill on 20th September 2022. There was no political will to vote for further amendments, so the law was passed, despite strong interventions for the removal of the problematic provision.
The final draft was sent for a vote on 27 September 2022 by the Chamber’s plenary. Prior to the vote, the European Commission intervened with the Ministry of Justice to demand the Chamber plenary send the draft back once again to the Legal Commission and remove the amendment.