Source: urldefense.com
A comprehensive analysis of the transposition of the EU Directive on Whistleblowing into Luxembourg’s national law has been recently published. The paper, titled ‘The Transposition of the Whistleblowers Directive in Luxembourg,’ was part of the larger work titled “Europe’s New Whistleblowing Laws,” which is a significant contribution to the understanding of the evolving landscape of whistleblower protection laws in Europe following the adoption of the EU Directive on Whistleblowing (Dir(EU)2019/1937).
Authored by Dimitrios Kafteranis, Assistant Professor at the University of Coventry, the analysis critically examines Luxembourg’s journey in implementing the EU Directive’s stringent requirements for robust whistleblower protection. The paper reflects a presentation given at the Second Conference on European Whistleblowing Legislation on 10 – 11 September 2022 and reflects the state of transposition at that time.
Kafteranis outlines the challenges faced by Luxembourg in adopting the landmark EU Directive, emphasizing the need for a comprehensive legal framework. The transposition process, initiated after months of delay, demonstrates Luxembourg’s commitment to aligning with European standards, yet also highlights delays in presenting the draft law after the Directive’s transposition deadline, shedding light on the Luxembourg government’s evolving approach.
Looking at the provision of the draft law to transpose the Directive, key issues with the proposal are highlighted, including, amongst others:
- Inadequate Legal Protection: The absence of dedicated regulations may leave whistleblowers in Luxembourg reliant on general labour law, which offers insufficient safeguards against retaliation.
- Ineffectiveness of Equal Treatment Provisions: Current provisions on equal treatment and harassment fall short in safeguarding whistleblowers, and pose challenges in proving discrimination.
Kafteranis reflects on the current state, stating, “(t)he proposed law in Luxembourg is a victory for whistleblowers in the country,” yet also calls for continued discussions to address the remaining concerns.
Luxembourg went on to adopt transposition legislation on the 16 May 2023.