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Proposal for Spring Congress 05. - 07. April 2019

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Submitted at Friday, 8. March 2019 um 10:20 Uhr, in category "Chapter 2 – Justice and citizens right" with No. 202. Author/s: "Junge Liberale JuLis.

The Spring Congress may decide:

Legal protection for Whistleblowers

Considering that:

·      Democratic society thrives on transparency and openness, which makes it necessary to protect those who draw attention to irregularities which serve the public interest.

·      The currently missing legal bases and the unclear jurisdiction make it almost impossible for informants to draw attention towards infringements, corruptions or other wrongdoings in enterprises or authorities.

·      The case of Edward Snowden showed that there can be situations in which single countries have to fear massive economic and political difficulties if they provide asylum to whistleblowers.

Recognizing that:

-    In 2011, the European Court of Human Rights determined that the termination without notice of an employee on the basis of the publication of irregularities at her employer’s company has been a violation of the Human Rights Convention.

Believing that:

-    A fair balance between the public information interest on one side and the protection of commercial interests or possible state secrets on the other side is of crucial importance.

The European Liberal Youth calls for:

-      A legal framework which states that employees who witness irregularities must first turn to their employer or a comparable body which capable of finding an internal solution to the problem. If the irregularity is not removed on the basis of this solution, employees should be allowed to turn towards a competent external authority. Also, in this case, the employee should have the right to make the matter public if the public interest regarding the information prevails considerably in comparison with the interest of the business to keep their matters private and if the personal rights of individuals are not violated in the process. An analogue regulation should be enacted for civil servants and enable them to turn towards a competent external authority without going through the internal official channels of the authority. These legislative changes can be made in the according national law, but should be coordinated and monitored on the European level.

-      In specifically difficult cases, the European Union should be enabled to provide asylum to whistleblowers as a representative of the member states. Member states taking whistleblowers into their countries can then be certain to receive solidarity from the other member states.

-      An international convention for the protection of whistleblowers. Inspired by the United Nations Convention for Refugees, states should be obligated to take whistleblowers under their wing, if they must fear criminal prosecution in their home countries due to their disclosure of relevant irregularities. 

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Attention: The preview is without line numbers and not the officiall version. The official text is included in the proposal book for Spring Congress 05. - 07. April 2019.


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Amendments for this proprosal:

  • [11305] Replace: Page 16, Line 8 to Page 16, Line 8 (Antragsteller: Svensk Ungdom). / V1

    Replace "Edward Snowden" with "Chelsea Manning"

    Submitted at Friday, 29. March 2019 um 08:00 Uhr. Authors: "Svensk Ungdom".

    Chelsea Manning

    »Download amendment as PDF file

  • [11230] Replace: Page 16, Line 18 to Page 16, Line 19, Abschnitt: 4 (Antragsteller: JNC). / V1

    Submitted at Thursday, 28. March 2019 um 11:02 Uhr. Authors: "JNC".

    "The EU to draft a Code of Conduct that regulates the actions to be pusued in the event that an employee withnesses irreglarities, so that if he is not able, even if is the preferred path, to firstly address his or her employer or a comparable governance body which is capable of finding an internal solution without him or her putting its job position at risc, there is a body capable of guaranteeing confidenciality and the preservation of his or her job responsibilities within the firm, and which can assume a mediating role". 

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  • [11228] Replace: Page 16, Line 18 to Page 16, Line 18 (Antragsteller: FEL - John De Coster). / V1

    Sometimes we should follow the guts of the whistleblowers

    Submitted at Wednesday, 27. March 2019 um 18:09 Uhr. Authors: "FEL - John De Coster".

    Replace "must" by "should"

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  • [11212] Replace: Page 17, Line 33 to Page 17, Line 33 (Antragsteller: Venstres Ungdom). / V1

    Submitted at Wednesday, 20. March 2019 um 22:24 Uhr. Authors: "Venstres Ungdom".

    Replace ’Nations Convention for Refugees’ with ’States should be encouraged’.

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  • [11231] Insert after: Page 17, Line 35, Abschnitt: 4 (Antragsteller: JNC). / V1

    Add a new bullet point

    Submitted at Thursday, 28. March 2019 um 11:03 Uhr. Authors: "JNC".

    "Member States that do not have regulation on the provisions of whitleblowing acts to adapt it in line with the ones who do have it already."

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  • [11380] Replace: Page 1, Line 18 to Page 1, Line 28 (Antragsteller: Benjamin Fievet, JuLis, JNC, FEL). / V2

    replaces amendments 70, 71

    Submitted at Friday, 5. April 2019 um 16:32 Uhr. Authors: "Benjamin Fievet, JuLis, JNC, FEL".

    A Europan legal framework regulating how employees or civil servants who witness irregularities can report them while ensuring that they are protected and confidentiality is maintained. Reporting persons should preferably report through internal channels but should also be able to report externally to the competent authorities. The reporting person should also have the right to make the matter public in cases where:

    1)   He or she reported internally and externally or directly externally and the matter was not addressed;

    2)   The interest of the public prevails considerably in comparison with the interest of the business to keep their matters private;

    3)   There is a significant risk that reporting internally or externally would put him or her at risk or jeopardize evidences.

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  • [11365] Replace: Page 17, Line 33 to Page 17, Line 33 (Antragsteller: Venstres Ungdom). / V2

    Mistake in the first amendment.

    Submitted at Tuesday, 2. April 2019 um 21:33 Uhr. Authors: "Venstres Ungdom".

    Do not replace 'Nations Convention for Refugees', but insted replace 'states should be obligated' to  'states to be encouraged'. And keep 'Nations Convention for Refugees'. 

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