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Later whistleblower protection: Germany will have to pay a fine of 34 million euros

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Late implementation of the instructions of the European Union is expensive to protect the references of national law. The European Court of Justice (ECJ) on Thursday converted the federal republic into the European Union to sentence Eur 34 million on Thursday. Luxembourg’s Judge Judge Judge justifies the steps with the importance of high level of security for the required whistleblower, which reports violations of the European Union law.

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ECJ comes with its decision C-149/23 in legal case A lawsuit by the European Union Commission from February 2023. The member states were actually bound by the end of 2021 to legally take necessary measures to take into account the provisions of the instructions. The federal government was unable to report to the Commission as the Black and Red alliance initially did not agree on a general line. At that time, the SPD law wanted the law to apply to the violation of the German law and not only financial services and tenders, products and food security, data security, environment and health, which are regulated in the European Union. CDU and CSU were against it.

In December 2022, Bundestag had then decided-first late late traffic light coalition for a draft law for “better protection people” for a draft law. But about two months later, the Federal Council failed to initiate the initiative on the responsibility of CDU and CSU. Bavarian Minister Justice George Isnerrich (CSU) said that at that time “effective information protection” was necessary. The law “but what is necessary in its current version and makes sense”. The CDU rubbed itself, for example, from the fact that the traffic light wanted to rent reporting points to deal with anonymous information. It goes far away, because not every whistleblower keeps good things.

It was not until May 2023 that the CDU/CSU faction was able to agree on a snatching version of the traffic light alliance draft and decided in Bundestag. This time the Federal Council agreed in a line to implement the Nibelgber Protection Act on July 2, 2023. Compared to the original version, the external and internal reporting points are no longer obliged to install reception channels, thus anonymous information can also be presented. Unnamed messages should be processed. Fines for cases in which the clues are disabled or recurrence are initially a maximum of 50,000 euros instead of 100,000 employed.

Due to the implementation of direction or not yet implemented, ECJ also asked the cash register from Hungary, Czech Republic, Estonia and Luxembourg. In these European Union countries, however, the restrictions are more moderate. Only for the Czech Republic and Hungary are more than the million boundaries with 2.3 and 1.75 million euros. In addition to a flat amount of 500,000 euros, Estonia threatens a daily penalty payment of 1500 euros if the requirements are still not implemented.

Whistleblower Network complained in September 2023 that the local reference advisory protection law also complained 12 points are still violating the guidelines of instructions.In a complaint by the Commission, the Civil Society Organization complained about the ban on disclosing the limited freedom of choice between wrong information and internal and external reports. In addition, there is no eligibility for replacement of intangible damage to CT. The Commission has not yet commented on it.

The network is currently appealing to the European Union to set the “overdue support and compassion Fund for Daddle Whisbloor” with sentence. Because the damage almost always takes a ciner – professional or private, health or financially.

Over 50 employees, along with all companies in the field of financial services, companies, officials and other legal institutions such as legal individuals should provide an internal information system according to the rules of the European Union and provide a special representative as a contact person. Exceptions can be made for municipalities with only less than 10,000 inhabitants.


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