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Parliamentary questions
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23 July 2019
Answer given by Ms Jourová on behalf of the European Commission
Question reference: E-001969/2019

As the Commission indicated in its reply to Written Question E-001516/2016, the situation at issue falls within the scope of national law and is consequently to be decided upon by the competent national authorities with due respect to their international obligations, including under the European Convention on Human Rights, and in particular its Article 10 on freedom of expression.

The directive on the protection of persons reporting on breaches of Union law, which protects people reporting information on breaches of EU rules in specific policy areas, including on protection of the environment, against retaliation, is expected to be formally adopted by the co-legislators and enter into force in Autumn 2019. Member States will then have two years to transpose it into national law. Under the system established by the directive, it will be the responsibility of national authorities, including national courts, to ascertain the facts in each individual case, to determine whether a person qualifies as a ‘whistleblower’ under this directive and meets its conditions to benefit from the protection it affords, taking into account the particular circumstances of each case. In doing so, national authorities will have to act in line with the provisions of the directive as interpreted by the Court of Justice of the European Union.

Last updated: 26 July 2019Legal notice