Proposal for Spring Congress

Proposal 202

LYMEC Spring Congress, April 05.-07., 2019 in Brussels

Author: Junge Liberale JuLis

Status: [  ] accepted [  ] rejected [  ] transferred to: ___________________________

The Spring Congress may decide:

1Legal protection for Whistleblowers

2Considering that:

3·      Democratic society thrives on transparency and openness, which makes it necessary to

4protect those who draw attention to irregularities which serve the public interest.

5·      The currently missing legal bases and the unclear jurisdiction make it almost impossible for

6informants to draw attention towards infringements, corruptions or other wrongdoings in
7enterprises or authorities.

8·      The case of Edward Snowden showed that there can be situations in which single countries

9have to fear massive economic and political difficulties if they provide asylum to whistleblowers.

10Recognizing that:

11-    In 2011, the European Court of Human Rights determined that the termination without notice

12of an employee on the basis of the publication of irregularities at her employer's company has
13been a violation of the Human Rights Convention.

14Believing that:

15-    A fair balance between the public information interest on one side and the protection of

16commercial interests or possible state secrets on the other side is of crucial importance.

17The European Liberal Youth calls for:

18-      A legal framework which states that employees who witness irregularities must first turn to

19their employer or a comparable body which capable of finding an internal solution to the problem.
20If the irregularity is not removed on the basis of this solution, employees should be allowed to
21turn towards a competent external authority. Also, in this case, the employee should have the
22right to make the matter public if the public interest regarding the information prevails
23considerably in comparison with the interest of the business to keep their matters private and if
24the personal rights of individuals are not violated in the process. An analogue regulation should
25be enacted for civil servants and enable them to turn towards a competent external authority
26without going through the internal official channels of the authority. These legislative changes can
27be made in the according national law, but should be coordinated and monitored on the
28European level.

29-      In specifically difficult cases, the European Union should be enabled to provide asylum to

30whistleblowers as a representative of the member states. Member states taking whistleblowers
31into their countries can then be certain to receive solidarity from the other member states.

32-      An international convention for the protection of whistleblowers. Inspired by the United

33Nations Convention for Refugees, states should be obligated to take whistleblowers under their
34wing, if they must fear criminal prosecution in their home countries due to their disclosure of
35relevant irregularities. 

Attention: This is a preview! The official text is printed in the proposal book for Spring Congress 05. - 07. April 2019.