On January 27, 2022, 24 member states were formally notified by the EU Commission for failing to adopt the Directive (EU) 2019/1937—the EU Whistleblower Protection Directive (Directive). Then, on February 9, 2022, Portugal and Sweden also received formal notice letters because of the delayed entry into force of the provisions incorporating the Directive into national law. The chaotic legislative landscape following the transposition deadline of December 17, 2021 can therefore be understood as follows:
One clear transposition champion
Malta is the lone EU member state that has not received a formal notification. It already adopted a whistleblowing law in 2013, which was amended at the end of last year to incorporate the provisions of the Directive into national law. The amendments officially entered into force on December 24, 2021. Although the introduction of the new rules was criticized for being rushed, Malta currently remains the only member state to have formally met the requirements set by the EU legislator.
Troubles despite adoption
Apart from Malta, seven other countries have already adopted the provisions of the Directive: Cyprus, Denmark, France, Latvia, Lithuania, Portugal and Sweden. That said, the EU Commission seems to be dissatisfied with the dates of entry into force as well as the extent to which the Directive has been transposed. Denmark, for instance, has been criticized for allowing shared internal reporting channels for legal entities with 250 workers...
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