SOTEU | President von der Leyen’s call to protect freedom to speak out must be met with strong protection of whistleblowers
The European Whistleblowing Institute (EWI) welcomes President von der Leyen’s call to protect the freedom to speak out in this year’s State of the Union address. President von der Leyen underlined that democracy and the rule of law are the guarantors of freedom of expression, emphasizing the importance of a rule of law cycle that detects problems early and resolves them through constructive engagement.
Whistleblowers are a cornerstone of a healthy democracy and a functional rule of law. They are often the first ones to uncover wrongdoing and, driven by the public interest, have the courage to speak out, often facing severe risk of retaliation in their personal and professional lives. Whistleblowers must therefore be safeguarded when exposing misconduct and must never suffer retaliation. Where retaliation does occur, it is essential that the protections granted by the Whistleblower Directive are enforced effectively and consistently.
“We live in deeply fragile political times. Whistleblowing is not merely a relationship of an employee, whichever shape or form that employment relationship may take, with their employer, and therefore reporting on that potential misconduct or breach, but much more an act of democracy, an act of courage that actually calls for accountability, an act that talks about speaking up. And more than ever before, speaking up takes an incredible amount of courage.”
The European Commission’s call for evidence on the Whistleblower Directive and its implementation across Member States is currently ongoing. 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 European Whistleblowing Institute contributes to evidence to this review call by the European Commission, stressing the urgent need for stronger enforcement mechanisms, clearer protections against retaliation, and greater support for whistleblowers’ wellbeing at both national and EU level. We are committed to building a legal and cultural environment where speaking out does not lead to reprisals, including through our training of national authorities to handle whistleblower complaints effectively and fostering the next generation of professionals through initiatives such as the Lewis Master Thesis Award.
