European Court of Auditors welcomes whistleblower directive
The European Court of Auditors (ECA) today published an Opinion about the proposed directive on whistleblower protection. Stating that the proposed European Union legislation, aimed to protect whistleblowers could increase the legal rights of whistleblowers in all Member States and give citizens a central role in ensuring EU rules are applied in the context of their work.
Martin Jefflén, President of Eurocadres notes:
–Interestingly the auditors have arrived at several of the same conclusions as we have here at Eurocadres. They give the proposal a warm welcome, but underline shortcomings which should be addressed.
According to Pietro Russo, the Member of the European Court of Auditors responsible for the Opinion: ‘Member States currently have a wide range of approaches to whistleblowing and EU law takes a piecemeal approach. A comprehensive, well-designed and user-friendly Directive could be an effective tool and could contribute to the protection of the EU budget, sound financial management and accountability.’
–Interestingly the auditors have arrived at several of the same conclusions as we have here at Eurocadres. They give the proposal a warm welcome, but underline shortcomings which should be addressed.
Complex directive creates uncertainty
In their Opinion the auditors are concerned by the complexity surrounding the scope of the proposed Directive. The scope is based on a list of EU directives and regulations in an annex to the directive. The Commission encourages Member States to consider extending the Directive to ensure a comprehensive and coherent framework at national level. If there is no such voluntary extension, warn the auditors, potential whistleblowers would have to understand whether the breach they were planning to report was covered or not, so that they could benefit from protection. This could deter them.
Martin Jefflén, President of Eurocadres continues:
–We remain concerned that the material scope of the directive – what you can blow the whistle on and still enjoy the full protection of the law – is too difficult to understand and so we welcome the support of the auditors in this analysis.
–We remain concerned that the material scope of the directive ... is too difficult to understand and so we welcome the support of the auditors in this analysis.
According to the auditors, the problem would be partly solved by the proposal to assist potential whistleblowers with clear and easily accessible information, advice and assistance, and with measures against retaliation. They are also calling for more staff training and awareness-raising and they stress the importance of fostering a positive and trusting environment in which whistleblowing is an accepted part of the corporate culture.