Directive, complaint channels and scope of influence. This second opinion deals in more detail with the social, political and legal changes that the implementation of the Directive will bring about 2019/1937.
FIRST.- Whistleblowing, understood as the reporting of irregularities, “refers to the alert issued by an employee, director or external third party with the intention of revealing a situation of negligence or abuse in the activities of an organization, government agency or company (or one of its business partners) that poses a threat to the public interest, as well as the integrity and prestige of the organization. While this term in English has a largely positive meaning, there is no similar concept in many other languages with the same connotation”.
SECOND.- The reprisals currently carried out through judicial proceedings, insofar as they involve the illegal use of the coercive “vis” of the state to influence the whistleblower, entail the crime of violence or intimidation referred to in paragraph 1 of Article 464 CP by the judges and prosecutors who support such proceedings.
THIRD.- It is necessary, according to the Directive, to strengthen the enforcement of the law (everything) by introducing effective, confidential and secure complaint channels and by ensuring effective protection of complainants against retaliation.
FOURTH.- The complainant should be able to choose the most appropriate channel of complaint according to the particular circumstances of the case, regardless of specialities or borders.
FIFTH.- When the report is anonymous, when the report involves the discovery of a crime or when the report, taking advantage of our channel, is reported to a third party because the complaint box of the company or institution actually reported is not trusted, the procedure must take place anyway.
SIXTH.- Private and public sector legal entities should establish appropriate internal procedures for the reception and follow-up of complaints
SEVENTH.-The motives of complainants in filing a complaint are irrelevant in determining whether such persons should receive protection
EIGHTH.-The exemptions to go through the complaints channel are exclusively those related to national security, interpersonal conflicts, criminal instructions, lawyer and doctor secrecy, and trade union activity.
NINTH.- In all cases, the complainant must be informed from the moment of the complaint is made and of the progress and outcome of the investigation.
TENTH.- The Criminal Chamber of the Supreme Court has issued a ruling, the first, validating an anonymous complaint as the source of an internal investigation in a company to uncover fraud.