Whistleblowers have first hand knowledge of corruption, violations of Health and Safety regulations, Data Breaches, etc.
The EFFECTIVE protection of whistleblowers means LESS penalisation, LESS CORRUPTION, and MORE JUSTICE.
Member States were directed by Directive (EU) 2019/1937 to transpose the provisions of the Directive in national law.
Many states provide for INTERIM RELIEF (injunctive relief / an order to stop the dismissal or penalisation of employees).
Article 20 of the Directive prescribes that member states must provide comprehensive legal assistance to whistleblowers.
However, the time limit for making an application for interim relief is usually extremely short (21 days in Ireland).
In the circumstances where access to Civil Legal Aid takes 3-4 months before the application for a dismissed employee is approved, I say that EU member states failing to provide COMPREHENSIVE legal assistance by means of legal representation, as to give effect to COMPREHENSIVE and EFFECTIVE legal assistance, members states fail, by design, to protect the rights of WHISTLEBLOWERS.
I propose the making of REGULATION prescribing the automatic continuation of employment of claimants claiming to have been dismissed due to making a protected disclosure (the term used in Ireland for WHISTLEBLOWING), effectively switching the burden of proof from the Employee to the Employer.
I make this proposal bearing in mind that employers can appeal the decision of a court, or seek cancelation or variation of the order for the continuation of employment.
Let's make make corruption obsolete!
Author: George Breban
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Updated on: 06 February 2025
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Number of views: 39
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