The Spanish Network of Anti-Fraud Offices and Agencies has prepared a Catalog of rights for whistleblowers, coinciding with the deadline for the transposition of the European Directive

In addition, Anti-Fraud has signed the Dublin declaration of the NEIWA (Network of European Integrity and Whistleblowing Authorities), which reminds Member States that have not transposed that from today, important elements of the Directive can deploy direct effect on the national legislation of Member States that have not transposed the Rule

Catalog of rights of whistleblowers
Catalog of rights of whistleblowers

17th december 2021. The Anti-Fraud Office of Catalonia, which is a member of the State Network of Anti-Fraud Offices and Agencies and the NEIWA, signs the documents that both networks have made public today, coinciding with the deadline for the transposition of the European Directive on protection of persons reporting infringements of Union law.

The catalog of rights of whistleblowers and denouncers of corruption (in Spanish), created by the Spanish Network of Anti-Fraud Offices and Agencies, considers it timely and necessary to consider the possible direct effect of the precepts of the Directive that clearly, unconditionally and precisely configure rights for whistleblowers or complainants, which come to configure a catalog of rights of these people that could already be invoked before the public powers on 12/18/2021. More than twenty offices, agencies and anti-fraud services from across Spain have participated in the preparation of the catalogue.

The preamble of the catalog also mentions that it is known that the failure to transpose a directive within the established period, or its incorrect or incomplete transposition, has the consequence that those of its precepts that are sufficiently clear, precise and unconditional can be invoked by citizens before the public powers, and this is the case of the numerous provisions of Directive (EU) 2019/1937 that confer subjective rights to whistleblowers.

NEIWA Dublin Declaration

On the other hand, on December 10, the Anti-Fraud Office of Catalonia participated in the last meeting of all the members of the Network of European Integrity and Whistleblowing Authorities – NEIWA.

This meeting resulted in the signing of the NEIWA Dublin Declaration on the European Directive on the protection of persons who report infringements of Union law.

In this statement, NEIWA notes the lack of transposition of the Standard in the majority of Member States, only three have transposed the Directive.

It also encourages other Member States to complete the transposition without further delay, not only in relation to the text of the Standard, but also with full recognition of the spirit of the Directive.

The statement once again points out that whistleblowers must be protected against any form of retaliation, and that they are entitled to available protection measures.

And it emphasizes that as of today, December 17, important elements of the Directive could have direct effect on the national legislation of the member states that have not transposed the Standard, especially in the relationship between citizens and the state (in the sense broadest possible), including the obligation to establish external reporting channels by the competent authorities. NEIWA encourages Member States to proactively implement these and other elements of the Directive.

Finally, it recommends that the authorities widely inform the public, in a clear and transparent manner, about the rights of whistleblowers and people who are related, as well as about protection measures against retaliation and also to interpret the legislation. in their respective countries in accordance with the spirit and text of the Directive.