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European Whistle-blower Directive: Draft for consultation
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In a democratic society, we need to encourage and protect those who speak out and report wrong-doing or illegal behaviour. Thanks to whistle-blowers, scandals like illegal mass surveillance, industrial scale tax avoidance or the sexual abuse of children by peacekeepers have been revealed.
This is why the Greens/EFA group in the European Parliament believes that there is an urgent need to enact an EU legal framework that would set out common minimum standards for the protection of whistle-blowers throughout the European Union.
We have drafted, together with legal experts, a draft EU law to protect whistle-blowers. We opened the draft up to public consultation for almost 4 months, from 16/05/15 to 12/09/2016.
We would like to thank everyone who participated for their feedback.
For technical reasons, this platform deletes the comments and votes received once you notify participants that you have edited the text in line with their recommendations. For this reason, we have not used the "change and inform users" function for the majority of the text, because we wanted to keep a record of the comments received. We have instead just edited the text directly.
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P51
d) The health, human rights or safety of any individual or group of individuals has been, is being or is likely to be endangered;
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P52
e) The environment, public health, public safety, public finances and national safety have been, are being or are likely to be endangered or negatively affected or damaged;
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P53
f) An unlawful or otherwise improper use of funds, property or resources of a public body, or of other public money, has occurred, is occurring or is likely to occur;
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P54
g) An act or omission by or on behalf of a public body is taken for an improper purpose or is oppressive, discriminatory, or grossly negligent, or constitutes gross mismanagement, or is otherwise wrong;
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P55
h) Corruption, fraud, abuse of authority or a specific conflict of interest has, is being or is likely to occur;
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P56
i) Information tending to show any matter falling within any of the preceding paragraphs has been, is being or is likely to be concealed or destroyed.
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P57
V01
V01
3. Disclosure shall be made by any means at the disposal of the worker, in accordance with Articles 5, 6, 7, and 8.
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Article 5
Disclosure Recipients
P58
1. Member States shall ensure that protection is granted to whistle-blowers who disclose information, alternatively or cumulatively, to:
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P59
V01
V01
a) The respective line-manager, ethics officer, works council, human resources department or the chosen advisor or superior of the alleged wrongdoer;
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P60
b) The head of the authority, institution or budgetary oversight body within the establishment employing the alleged wrongdoer or within which wrongdoing is reported, even if said individual cannot be identified exactly;
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P61
c) The disciplinary committees or other similar bodies within the authority, institution or other establishment that employs the alleged wrongdoer;
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P62
d) Law enforcement, including police and prosecution authorities, and oversight agencies;
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P63
e) Ombudspersons and other competent agencies, including those tasked with establishing and investigating conflicts of interests and irregularities;
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P64
f) Member of parliaments, parliamentary committees, or other competent parliamentary bodies;
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P66
h) The public through media, social media and non-governmental organisations.
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Article 6
Internal Disclosure at the Workplace
P67
- Member States shall ensure that whistle-blower regulations and procedures are available, accessible, visible and well understood by workers.
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P68
2. Recipients of disclosed information within the workplace shall include, but not be limited to:
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