Europe’s rule of law backslide puts whistleblowers at risk
The European Whistleblowing Institute notes with concern the accelerating global decline in the rule of law. The latest Rule of Law Index, published by the World Justice Project, shows that more countries are deteriorating and fewer are improving. While nine out of the ten best-performing countries are in Europe, the overall picture is far from reassuring: most have recorded a decline in their rule of law scores compared to the previous year.
Across regions, the erosion of judicial independence and the shrinking of civic space mark a broader crisis of democratic governance. Against this backdrop, whistleblowers remain vital guardians of accountability. Yet with rising political interference across justice systems, it is deeply concerning whether whistleblowers can expect a fair and impartial trial when seeking legal protection.
“We live in a profound paradox: never before have there been so many whistleblower laws on the books, yet so few functioning systems to uphold them. If institutions are biased, politicised, or unwilling to listen, how can we, in good conscience, expect individuals to speak up? Whistleblowing does not exist apart from the rule of law, it fundamentally depends upon it.”
The report also notes that free speech is being silenced, with the majority of countries reporting significant declines in freedom of opinion and expression, freedom of assembly and association, and civic participation. This situation produces a chilling effect on whistleblowers who see their right to speak up against wrongdoing severely curtailed, ultimately resulting in acts of corruption remaining hidden.
Equally troubling is the deterioration of regulatory enforcement, another indicator in which most European countries performed worse than the year prior. The EU Whistleblower Directive, although hailed as a breakthrough, is no exception in this regard. The European Whistleblowing Institute, in recent feedback on the review of the EU Whistleblower Directive submitted to the European Commission, cautioned that the Directive’s transformative promise depends on its implementation.
In reality, the inadequate enforcement of anti-retaliation provisions remains a fundamental weakness of the Directive and is inconsistent with a robust rule of law in the European Union. The European Commission has measures it can adopt against Member States that do not respect the rule of law, for example, the Rule of Law Conditionality Regulation.
The late transposition of the Directive and its shortcomings were already criticized by Dr Ninon Colneric, former Judge at the Court of Justice of the EU, in her keynote speech at the European Whistleblowing Conference earlier this year in Brussels.
The European Whistleblowing Institute will continue to work with partners across Europe and beyond to strengthen legal frameworks, ensure effective enforcement, and advance legal education, professional development, and institutional capacity in the field of whistleblowing.
