The Minister of Justice, Cătălin Predoiu, requested that the project on the protection of public interest whistleblowers, under review at the Chamber of Deputies, be sent back to the Legal Commission.
The reason: to introduce the observations and recommendations of the European Commission, which consider the “as faithful” application of the directive in the field.
“During the discussions with the European Commission in the context of PNRR on Milestone 430, as a result of the European Commission’s analysis of the draft law, the representatives of the Commission formulated a series of observations regarding the text of the draft law, observations that concerned both the new solutions introduced in the legislative review process (anonymous reports), as well as pre-existing solutions (about which the Commission was informed during the PNRR discussions)”, says a letter from Minister Predoiu, which was discussed in Tuesday’s meeting of the Permanent Bureau of the Chamber of Deputies.
According to the minister, quoted by Agerpres, the representatives of the community executive proposed the addition of Article 2 with a new paragraph that provides that the law also applies to people who report or publicly disclose information on violations of the law anonymously.
Another recommendation of the representatives of the European Commission refers to the reformulation of paragraph 1 of article 2.
The European Commission criticized the new form of the law on the protection of public interest whistleblowers
The European Commission also criticized the newly introduced solution to the Senate regarding Article 6 paragraph 2, “recommending the reformulation of the text by eliminating the requirements regarding the contact data and the quality of the reporting person”.
“The recommendation concerns the need to avoid the possibility of compromising the anonymity of the public interest whistleblower”explained Predoiu.
“Regarding the solutions from art. 33 and art. 34 of the project, which regulates the development and review of internal procedures, as well as the establishment of the specialized structure within ANI, it was specified that it is necessary to reduce the term from 60 days to 30 days so that the implementation term coincides with the term to be request the next installment from the PNRR“, added the Minister of Justice.
On September 1, the Senate adopted the draft law on the protection of whistleblowers in the public interest, re-examined as a result of a request made by President Klaus Iohannis, the objections made by the head of state being taken over.
The project, initiated by the Government, was initially adopted in June by the Parliament and then sent back for re-examination by the head of state.
The normative act establishes the general framework for the protection of persons who report violations of the law, which have occurred or are likely to occur within authorities, public institutions, other legal entities under public law, as well as within legal entities under private law .
The law aims at the transposition into national legislation of Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report violations of Union law.
According to a Senate amendment, anonymous reports must include the quality of the person making the report.
On September 21, the Legal Commission of the Chamber of Deputies gave a report on the acceptance of the project in the form of the Senate.
The project is listed on the agenda of the plenary session of the Chamber of Deputies, which is the decision-making body.
Publication date: 04-10-2022 12:23
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