Proposed Changes to Whistleblowing Law Pose EU Law Conflict Alarming Civil Society

Update from:

Source: whistleblowingnetwork.org

New reforms to amend whistleblower protection law have been proposed by the Government in Slovakia. Slovakia has had a dedicated whistleblowing law since 2019 and adopted new legislation to further strengthen whistleblower rights and transpose the EU Directive on Whistleblowing on 10 May 2023. However, just months later, on 6 December 2023, the Government sent new legislation to Parliament to amend the current legal framework, alarming Slovak and international civil society organizations.

memorandum titled “Breaches of EU Law by the Proposed Amendment to Act No 54/2019 Coll. on the Protection of Whistleblowers as Amended by Act No 189/2023 Coll,” published by the European Whistleblowing Institute and the Government Accountability Project, examined the proposed amendments, concluding that the “amendments pose a tangible conflict with the EU Whistleblower Directive.” The memo highlighted several provisions of the Directive that would be violated should the amendments proceed, including:

  1. Introduction of an impracticable and legally uncertain condition of โ€œnecessityโ€
  2. Disqualification from protection based on vague language of โ€œapparent abuseโ€
  3. De facto exclusion of police corps members from protection
  4. Establishment of an expedited legislative process lacking transparency

The Whistleblowing International Network (WIN) and 25 NGOs addressed a letter to the Speaker of Parliament and all MPs urging them to reject the government’s amendments to the law.

WIN’s Letter to the Slovak Parliament is available in English and Slovak.