Source: transparency.org
A new whistleblower protection law to transpose the EU Directive on whistleblowing has been adopted in Hungary.
The transposition process in Hungary has been delayed and complicated. All 27 Member States of the EU were required to implement the landmark whistleblowing rules by 17 December 2021. 15 months after the deadline, the Government submitted a draft Bill to Parliament.
The proposal, which reforms Hungary’s previous whistleblower protection legislation, has been criticized by anti-corruption campaigners for being drafted without consultation with key stakeholders.
Hungary’s President, Katalin Novák, also questioned the application of a clause in the law protecting reports on the “Hungarian way of life” and what legal consequences would follow the reports made.
Anti-corruption NGO, Transparency International Hungary, said:
“Transparency International Hungary strongly urged the government to address both President Novák’s concerns and the remaining shortcomings, reformulating a comprehensive whistleblower protection bill, based on wide consultation.
Relying on its substantial majority in Parliament, Hungary’s government could have ignored the president’s objections and voted for the law again without amendment, obliging the president to pass it. But in May 2023, the legislative committee accepted Novák’s veto and recommended removal of the bill’s reference to the Hungarian way of life. Parliament subsequently passed the revised law by a large majority.”
Despite the last minute revision, there remain concerns that the law still contains weaknesses, in particular the lack of protection for whistleblowers who disclose highly sensitive information, such as classified material or findings from criminal proceedings as well as the lack of meaningful financial support to whistleblowers facing retaliation.