A hybrid conference organised by the European Network of Ombudspersons (ENO) was held on Tuesday, 20 February 2024. It focused on Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, as well as on the freedom of movement.
The first session of the conference, focusing on the role of ombuds institutions in protecting whistleblowers and implementing Directive (EU) 2019/1937, was moderated by Marta Hirsch-Ziembinska, Principal Adviser on Charter compliance at the European Ombudsman’s Office. Following an address by Georgia Georgiadou, Deputy Head of the Fundamental Rights Policy Unit of the Directorate-General for Justice of the European Commission, Deputy Ombudswoman Dijana Kesonja presented the activities of the Ombudswoman’s Office in this area. Ombudsmen Jérôme Aass and David Baele from the Federal Belgian Ombudsman Institution also spoke about their own activities.
In her presentation, Deputy Kesonja discussed whistleblower protection models in EU Member States within the Network of European Integrity and Whistleblowing Authorities (NEIWA), focusing on similarities and differences in the handling of whistleblower reports and the protection measures afforded to whistleblowers.
Speaking on the implementation of the Whistleblower Protection Directive in Croatia, Deputy Kesonja presented the competencies and activities of our institution after the adoption of the first Act on the Protection of Persons Reporting Irregularities in 2019, which designated the institution as the competent body for external reporting of irregularities. She also discussed the novelties introduced with the new Act on the Protection of Persons Reporting Irregularities which entered into force in April 2022. With this Act, Directive 2019/1937 was transposed into Croatian legislation, strengthening the protection of whistleblowers, notably through the possibility of directly contacting the Ombudswoman as the competent external reporting body—previously possible only under strictly defined legal conditions.
Deputy Kesonja highlighted that, under the Act on the Protection of Persons Reporting Irregularities, the institution is authorised to receive whistleblower reports, though it does not assess their substantive content. Instead, reports are forwarded to the competent authorities designated by specific regulations to act upon their content, such as the State Attorney’s Office of the Republic of Croatia or the State Inspectorate. Throughout the process, the identity of the whistleblower and the confidentiality of the report are protected.
However, if the whistleblower claims to have been subjected to retaliation due to their report, the Ombudswoman assesses whether the whistleblower’s constitutional or legal rights have been threatened or violated— such as dismissal, denial of promotion, salary reduction, or workplace intimidation. Based on the findings of the investigation into such claims, the Ombudswoman may impose measures in accordance with her statutory powers.
In closing, while commenting on observed trends in reports received via the external reporting channel, Deputy Kesonja observed that whistleblowers employed in the private sector tend to report irregularities via internal channels, whereas those from the public sector are more inclined to report directly to the Ombudswoman.
More information on the protection of whistleblowers will be available in the 2023 Annual Report of the Ombudswoman, which is currently in preparation.