The EU Directive on the protection of whistleblowers: a missed opportunity to establish international best practices

The EU Directive (EUD) “on the protection of persons who report breaches of Union law” was published in November 2019 and allows two years for transposition in the Member States (MS). The Directive has been welcomed in many quarters as a significant step forward, particularly when for many years campaigners had been told that there was no legal basis for such a measure and that the requisite political will was lacking! This article will not recount the general rationale for protecting those who report concerns or the particular background which led to the emergence of the EU provisions but will discuss whether the EUD reflects international best practice principles. The conclusion reached is that the EUD is valuable in that it requires MS to get to first base in their whistleblowing arrangements and might encourage other countries to follow suit. However, nations that want to reflect best practice in their legislative provisions will have to look beyond the minimum standards contained in the EUD.

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