15 Member States Have Not Transposed Whistleblower’s Directive – Infringement Proceedings Continue
6 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl

On 15 July 2022, the European Commission informed the public that it proceeded with infringement proceedings against 15 EU Member States for not having transposed the Directive on the protection of persons who report breaches of Union law (the “EU Whistleblower’s Directive” (2019/1937)). The Member States concerned are:

  • Bulgaria;
  • Czechia;
  • Estonia;
  • Finland;
  • France;
  • Germany;
  • Greece;
  • Hungary;
  • Ireland;
  • Italy;
  • Luxembourg;
  • The Netherlands;
  • Poland;
  • Slovakia;
  • Spain.

The deadline for Member States to transpose the Directive was 17 December 2021. The Commission initiated the infringement proceedings in January 2022. The Commission now sent reasoned opinions to the Member States. If the Commission does not receive satisfactory replies within the next two months, it may decide to refer the concerned Member States to the CJEU.

The Whistleblower’s Directive establishes rules and procedures to protect individuals who report information they acquired in a work-related context on breaches of EU law in key policy areas. Breaches include both unlawful acts or omissions and abusive practices (→ eucrim 4/2019, 238-239).

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2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg
Thomas Wahl

Max Planck Institute for the Study of Crime, Security and Law (MPI CSL)

Public Law Department

Senior Researcher