After a long wait, fines and sanctions by the EU, Spain finally transposes Directive 2019/1937.
The recent transposition into Spanish law is a fact that concerns us directly, with Viadenuncia being a channel for complaints under Directive 2019/1937.
Spain has been fined on several occasions for its tardiness in transposing European directives, which is not only the fact of the delay itself, but also the mistakes that are made in such transpositions.
In the case that affects us, Directive 2019/1937, whose transposition deadline expired two years ago, we find ourselves with a law that will very probably not pass the European Commission‘s evaluation. On this subject, José Antonio Gómez, director of Diario16, writes an article on the transposition of Directive 2019/1937, or the Whistleblowers Directive, in which he comments on how the Directive, born with the aim of protecting whistleblowers and thus also protecting the economic interests of the EU, has been distorted in its essence by the transposition carried out by Spanish legislators.
The article delves into those aspects that clearly deviate from the European Directive, such as the protection of all whistleblowers, and not only those who report cases that are considered serious or very serious; and also the lack of protection for those who use non-“official” channels, i.e. those that are not managed by the Independent Whistleblower Protection Authority dependent on the Ministry of Justice, a fact that contravenes the independence and autonomy of the mailboxes, clearly stipulated in Directive 2019/1937.
Another of the most striking aspects of the transposed law is the fact that the whistleblower can go to jail, as it does not eliminate the criminal liability of whistleblowers.
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