Recital 23
Directive on the protection of persons who report breaches of Union law · UE 2019/1937
| (23) | This Directive should be without prejudice to the protection granted by the procedures for reporting possible illegal activities, including fraud or corruption, that are detrimental to the interests of the Union, or for reporting conduct relating to the discharge of professional duties, which could constitute a serious failure to comply with the obligations of officials and other servants of the European Union established under Articles 22a, 22b and 22c of the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (32). This Directive should apply where officials and other servants of the Union report breaches that occur in a work-related context outside their employment relationship with the Union institutions, bodies, offices or agencies. |
In Luxembourg, the law of 16 May 2023 on the protection of whistleblowers transposes the directive with a transversal scope and applies to reports made by any person who obtained information on breaches in a work-related context, including active EU agents outside their institutional relationship. The Office des rapports de signalement (OFRS) is the competent transversal external authority, and criminal sanctions range from EUR 1,250 to 25,000 (doubled in case of recidivism) for obstructing reporting.
Luxgap practice: if you host SNE or EU consultants, formalise in writing in their mission letter the applicable Luxgap internal channel and its articulation with OLAF / IDOC, to prevent a report being routed through an unsuitable channel and causing the whistleblower to lose protection.
