This Q&A looks at Bill 249 (the Bill), which has finally been published and proposes amendments to the existing Protection of the Whistleblower Act (the Act) in Chapter 527 of the Laws of Malta.
Questions
What is a bill?
A "bill" is a proposed draft law that is submitted for discussion before it is enacted. Therefore, it may not be the version that ultimately becomes law.
What is the scope of the Bill?
The Bill transposes EU Directive 2019/1937 (the Directive) to protect persons who report breaches of EU law. A directive sets the minimum common standards that must be enforced by EU member states. Therefore, member states are free to legislate and extend further protection to whistleblowers, provided that those minimum standards are not undermined.
As Malta already has a law that protects whistleblowers to an extent, the legislature has proposed amendments to that law to widen its scope.
What disclosures are provided for in the Directive?
The Directive sets out certain areas that must be covered by member state law, such as disclosures about breaches or abuses of EU law, including:
The Directive also seeks to cover disclosures that concern breaches that harm the European Union's financial interests and, in view of their negative effect on the proper functioning of the internal market, breaches that relate to...
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