Source: whistleblower-net.de
The upcoming coalition Government in Germany has published a detailed statement on it’s priorities, which contains a commitment to a responsible transposition of the EU Directive on Whistleblowing. Confirming that the new approach to implementing the Directive will be both legally secure and practicable in that whistleblowers will be protected from retaliation not only when reporting breaches of EU law, but also significant breaches of regulations or other significant misconduct, the disclosure of which is in the significant public interest. The aim, they said, was to improve the enforceability of whistleblower rights and were currently considering providing for support measures to include advice services and financial support.
This change in approach is welcomed by whistleblowing rights champions who were concerned the Directive would be minimally implemented with a verbatim or “1:1” implementation.
For now, it remains to be seen to what extent the directive’s provisions will be expanded to cover reporting of national law, i.e. reporting of criminal offences and corporate liability. It appears that reports of unethical malpractice which is not technically a breach of the law may be protected.
There are also plans to create an independent supervisory body for disputes on classified information. Whilst protection under the law my not be extended to all disclosure, potential whistleblowers of official state secrets would at least have a point of contact.
NGO Whistleblower Netzwerk are positive about the development as such an approach would be at least in part in line with civil society campaign for the law to meet international best practice principles.
The Ministry of Justice, which is responsible for the transposition, will in future be led by the liberal business party, FDP, and it remains to be seen in what form the coalition agreement will be implemented.