Blowing the whistle on EU protections

Image- Transparency International

What if speaking out against wrongdoing at work not only failed to bring justice but also cost you your job? This was the fate of Jan Benýšek, who led the insolvency division at the Czech Ministry of Justice. His dismissal, seen by many as a direct response to his whistleblowing, highlights a grim truth: even six years after the adoption of the EU Whistleblower Protection Directive, many countries still fall short in protecting those who dare to expose corruption. 

Recent cases, such as those involving Jan Benýšek and Dutch diplomat Fidelia Onoghaife, stress the urgent need for stronger protections. Onoghaife, who was abruptly fired after reporting the Dutch Ambassador for leaking confidential information, later had her dismissal ruled retaliatory by the court. Their stories highlight the dangers whistleblowers face and the systemic changes needed to ensure their safety. 

Whistleblowers play a critical role in uncovering corruption, misconduct and threats to public safety, yet their protection across the EU remains inconsistent and inadequate. Despite the adoption of the EU Whistleblower Protection Directive in 2019, the promised safeguards for those who speak out are still not fully realised.  

Transparency International’s analysis shows that out of the 27 EU countries, 25 still need to make urgent amendments and address key areas such as protection against retaliation, safe reporting systems and fair compensation for whistleblowers: 

• Limited scope: Only 12 countries have laws with an adequate scope. The rest of the countries fail to extend protections to all types of misconduct, leaving significant gaps in addressing issues like corruption and environmental violations. 

• Weak penalties: Nine countries do not penalise all forms of retaliation against whistleblowers. 

• Inadequate compensation: Only 11 countries guarantee both full financial compensation for damage and non-financial remedies, such as reinstatement. 

Public and private organisations have a role in addressing these shortcomings. Most whistleblowers initially report wrongdoing internally, making it essential for organisations to provide safe and effective mechanisms to handle such reports. Transparency International supports this effort with best practice guidelines and tools like its self-assessment framework. These resources help organisations establish comprehensive whistleblowing systems and robust protections, ensuring that whistleblowers can speak up without fear of reprisal. 

The path to robust whistleblower protection in the EU requires both legislative improvements and a cultural shift towards valuing transparency and accountability. Every whistleblower who speaks up, despite the immense personal and professional risk, is a beacon of hope. That's why Transparency International will continue to advocate for stronger laws and better enforcement, urging governments, businesses and civil society to step up their efforts. – Transparency International