Brussels will take Spain, and 14 other countries, before the European Justice if it does not protect the whistleblowers of corruption. This was announced this Friday by the European Commission, which has decided to take new measures in the infringement procedures launched against Bulgaria, the Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Poland , Slovakia and Spain.
What the Community Executive has done this Friday is to issue reasoned opinions for not fully transposing the directive on the protection of people who report violations of Union Law (EU Directive 2019/1937).
The deadline for member states to transpose the directive was December 17, 2021.
In January 2022, the Commission sent letters of formal notice to 24 Member States for not transposing and communicating the transposition measures to the European Commission within the deadline.
Of these, the 15 Member States mentioned have not yet adopted transposition measures and have two months to respond to the Commission's reasoned opinions.
If the answers are not satisfactory, the Commission may decide to refer the Member States concerned to the Court of Justice of the European Union.
law in process
Internal mailboxes in each company or Public Administration to which their workers can send anonymous notices about irregularities that are being committed behind closed doors. A second external channel to send those alerts and draw the attention of the authorities without having to go to a police station and file a formal complaint. An independent body with the ability to fine up to one million euros to companies that retaliate against people who alert of possible corruption, or against their families.
These are some of the measures included in the "Draft Draft Law regulating the protection of people who report regulatory infractions and the fight against corruption" presented by the Ministry of Justice. The rule with which the Government finally launches the process to approve specific protection for people who take the step of alerting of irregularities of which they have become aware and prevent them from being left defenseless against the persecution of those they point to. Now they are exposed to dismissal, degradation or loss of employment benefits, while among them the same complaints of harassment, threats and coercion.
The two-year term to transpose it expired last December 2021, with which the Government is already running against the clock to carry out the draft. However, sources from the Ministry of Justice explain to this medium that the process will follow the parliamentary process (which will take several months) and will not be approved by decree law in the Council of Ministers.