“2022 began with theItaly in default in the transposition of the European directive 2019/1937 to protect the whistleblowing, that is, of those who report illegal activities in their work environment “. To sound the alarm is Giuseppe Busia, president of the Anticorruption Authority, which today first of the year released a note asking Italy to adapt quickly. “The fight against corruption does not allow for subsidence or let your guard down. Whistleblowers play an essential role in uncovering corruptive facts or well-founded suspicions of wrongdoing that may threaten the public interest. In all the countries that recognize this institution, the reports have allowed the protection of fundamental common interests, as well as the recovery of huge public resources “.
Our country, which in 2017 approved the law strongly desired by the M5s, is now late in adapting to the rules requested by Brussels. “In Italy”, Busia continues, “the delegation to implement it expired last August. As Anac we have contributed with the offices of the Ministry of Justice a prepare a text, which I consider highly advanced. Unfortunately, everything is at a standstill. I am not aware that any procedure for transposition has begun“. The president Anac then turned to the executive: “It would be useful and appropriate to insert the delegated decree directly in one of the next government measures, also to avoid the infringement procedure against Italy. In fact, the device is ready, ”Busia said. “Protecting whistleblowers from retaliatory behavior is the imperative of international organizations, governments and civil society organizations who are convinced that it is an effective mechanism for preventing and fighting corruption, and protecting the right to freedom of expression. Reporters of malpractice are many times the first victims of their own revelations, often having to face threats and retaliation in the workplace, isolation and psychological stress of considerable entity “.
The EU Directive 2019/1937 on “Protection of persons who report violations of Union law” in the public and private sectors “marks a decisive step – the Anac note reads – in strengthening the institution of whistleblowing and the protection of whistleblowers from retaliation”. In particular, the Directive, includes in the definition of whistleblower also subjects outside the traditional employment relationship, as consultants, board members, former employees and job candidates; provides protection also to those who assist whistleblowers; considers the reasons that led to report irrelevant for the purposes of guaranteeing protection; allows whistleblowers to report wrongdoing directly in the workplace or to the competent authorities; allows you to report using the media, in some circumstances; prohibits any type of retaliation, including threats or attempts at retaliation, even indirect, and provides a non-exhaustive list of examples; provides sanctions for those who hinder the right to report, for those who retaliate against whistleblowers and for those who do not comply with the obligation to maintain the confidentiality of the whistleblower; calls on Member States to ensure access to free, comprehensive and independent assistance within the public sector; provides for the possibility of providing legal and financial assistance to whistleblowers; introduces the obligation to take over the reports and keep the whistleblower informed within a reasonable time.
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