Improving the protection of whistle-blowers all over Europe

Recommendation 2162 (2019)

Author(s):

Parliamentary Assembly

Origin

Assembly debate on 1 October 2019 (30th Sitting) (see Doc. 14958, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Sylvain Waserman). Text adopted by the Assembly on 1 October 2019 (30th Sitting).

1. The Assembly refers to its Resolution 2300 (2019) on improving the protection of whistle-blowers all over Europe, its Recommendation 2073 (2015) on improving the protection of whistle-blowers and the Committee of Ministers’ reply of 25 January 2016.

2. It recalls that a proposal for a directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law, the aim of which is to set minimum common standards to ensure a high level of protection for whistle-blowers in all European Union member States, is about to come into force. This draft directive is inspired in large part by the Committee of Ministers’ Recommendation CM/Rec(2014)7 on this subject, but it also contains clarifications of, and improvements to, that recommendation. The draft directive addresses an issue of particular importance for democracy, the rule of law and human rights, especially the fight against corruption and the protection of freedom of expression and of information.

3. In order to avoid a new legal divide in this area that falls within the Council of Europe’s three priorities, the Assembly reiterates its invitation to the Committee of Ministers to begin preparations for negotiating a binding legal instrument in the form of a Council of Europe convention as a follow-up to its Resolution 2060 (2015) and Recommendation 2073 (2015). This instrument should draw on the above-mentioned European directive, taking due account of the clarifications and additions proposed in Assembly Resolution 2300 (2019).