The European whistleblowing directive: a legislative barrier between journalists and their sources?

Abstract

Whistleblowers, and their cooperation with journalists, constitute a key element in preventing wrongdoings and protecting public interests. This contribution examines how they are protected in the recent Directive (EU) 2019/1937 on the Protection of Persons Reporting on Breaches of Union Law. It highlights that the final wording of the Directive still raises a number of potential concerns. The legislative process behind the Directive is outlined, illustrating the lack of consensus between the European Parliament and the Council during its drafting procedure. It is furthermore explained how the Directive aims to protect individuals from suffering retaliation in cases where they report violations of EU law. Finally, common criticisms regarding certain solutions such as the sectoral and tiered approach are addressed. These issues will have an effect on the whistleblowers’ motivation in raising the alarm, thereby diminishing their role as a journalist source.