EWI warns that political pressure undermines institutions tasked with whistleblower protection
The European Whistleblowing Institute (EWI) alerted to two fundamental weaknesses that continue to compromise the effectiveness of the EU Whistleblower Directive in feedback submitted to the European Commission’s call for evidence on the Directive. Although the adoption of the Directive was hailed as a breakthrough, significant setbacks remain, namely, fragile and inconsistent enforcement of anti-retaliation provisions and the absence of any serious attention to the psychosocial and material well-being of whistleblowers.
Under the EU Whistleblower Directive, the European Commission is required to submit a report to the European Parliament and to the Council. The forthcoming report, expected at the beginning of next year, will assess whether the Directive functions as intended and whether further measures or amendments are necessary. Adopted in December 2019, the Directive followed disclosures by whistleblowers in landmark cases such as LuxLeaks, the Panama and Paradise Papers, and Cambridge Analytica.
The feedback submitted yesterday is based on EWI’s work across EU Member States, including training of judges, prosecutors, and compliance officers. Even though the Directive enforcement architecture is strong on paper, by prohibiting retaliation and mandating effective remedies such as reinstatement and compensation, these provisions remain under-enforced. Crucially, many jurisdictions have not established specialized independent bodies with investigative and sanctioning powers, and where sanctions exist, they are often minimal.
“In some cases, the very institutions tasked with protection have faced political interference that undermines their credibility”, said Dr Vigjilenca Abazi, EWI’s Executive Director and co-author of the model EU Directive that laid the foundation for the EU Whistleblower Directive. “If whistleblowing is to become a reliable accountability mechanism, compliance cannot be left to the willingness and resources of individual whistleblowers to litigate. It requires independent authorities empowered to monitor, sanction, and enforce.”
Another weakness of the Directive is the silence on the human cost to whistleblowers, who frequently endure isolation, reputational harm, protracted unemployment, and retaliatory lawsuits. To ensure effective protection of whistleblowers, EWI calls for embedding well-being support, such as counseling, peer networks, legal aid, and reintegration measures, within national frameworks, supported by EU-level guidance and funding.
“Equally troubling is the Directive’s silence on the human costs of whistleblowing. The Directive treats whistleblowers primarily as legal actors; it does not recognize them as human beings whose lives are profoundly disrupted by speaking out.”
The complete feedback submitted by the European Whistleblowing Institute is available here.
