Knowing that the EU Whistleblowing Directive was supposed to be transposed by the EU member states into national law by December 17, 2021 at the latest and that the majority of the EU member states (including Belgium) have not met this deadline, the question arises whether employees can already rely on the provisions of the non-implemented EU Whistleblower Directive? Via this alert in our Crowell & Moring LLP’s 2021 series: Whistleblowing – A Guide to Compliance, we will address this question by clarifying the effect of the EU Whistleblower Directive before its transposition into national law based on a number of concrete questions and emphasizing various points for consideration.
STEP #6: What effect will the EU Whistleblower Directive have in Belgium before its transposition into national law?
1. Current status of the implementation of the EU Whistleblower Directive in the various EU member states
According to its text, the EU Whistleblower Directive should have been transposed by the EU member states into national law by December 17, 2021. While the majority of member states is well advanced in the transposition process, only a limited number (Sweden and Denmark) have effectively transposed the Directive. The other EU member states, including Belgium, did not meet the deadline for transposition.
2. Direct effect of EU directives
A directive is not usually directly applicable. A national transposition act is generally required for it to become a part of national law....
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