A New Enforcement Tool: A Directive to Protect Whistle-Blowers

Abstract

The European Commission decided to propose legislation on the protection of whistle-blowers in order to strengthen enforcement of Union law and to provide an enforcement tool at the national and EU level. The Directive on the protection of persons reporting breaches of Union law has been approved by the European Parliament and the Council and it will soon be published in the Official Journal of the European Union. The whistle-blower is an enforcement tool which is given to Member States in order to enhance the enforcement of EU law. The whistle-blower is in a privileged position to detect and report wrongdoings and the new Directive aims to facilitate this process by providing a concrete definition of the whistle-blower, the procedural path of report and, finally, protection from retaliation or any kind of liability. Being a debated figure until recently, the whistle-blower becomes now a helpful tool for the better implementation and enforcement of Union rules. The Directive is a positive step towards a European legal framework on the protection of whistle-blowers and a change of attitude. However, there are dubious and complex points of the Directive that may harden, instead of facilitate, the work of the whistle-blower.