The need to provide legal protection to whistle-blowers and promote the culture
acknowledging their vital role in the society is also emphasized by the Committee of
Ministers of the Council of Europe
67
, the European Parliament68 and non-
governmental organizations. What is also noteworthy is the fact that on 26 November
2019 the directive of the European Parliament and the Council (EU) 2019/1937 of 23
October 2019 on the protection of persons reporting violations of the EU law was
published in the Official Journal of the European Union. The directive entered into
force on 16 December 2019. From that point on Poland has two years to transpose it
to its domestic legal regulations.
CPT: In the report on its visit to Poland in 2013, the CPT pointed to the need to
develop a clear system of reporting cases of ill-treatment of detainees to other
authorities that are external in relation to the unit in which the incident happened, and
to develop a framework for legal protection of whistleblowers69. The standard was
also recommended in the annual report on the CPT activities in 2018.70
On 16 April 2018, the Commissioner for Human Rights requested the President of the Council
of Ministers to take steps aimed at ensuring effective legal protection to whistle-blowers in uniformed
and special services.71 It is of particular significance in the case of services that enforce the law, since
improper conduct of an officer may shed a negative light on the whole formation as well as on the respect
for the law and the institutions of the state. Implementation of internal irregularity reporting mechanisms
67
Protection of whistleblowers: recommendation CM/Rec (2014)7 adopted by the Committee of Ministers of the
Council of Europe on 30 April 2014, and explanatory memorandum.
68
European Parliament resolution of 24 October 2017 on legitimate measures to protect whistle-blowers acting in
the public interest when disclosing the confidential information of companies and public bodies (2016/2224(INI)).
69
CPT report on the visit to Poland, CPT/Inf (2014) 21, para. 24.
70
14th General Report of the CPT, CPT/Inf (2004) 28, para. 26; CPT report on the visit to Ukraine, CPT/Inf (2013)
23, para. 21; CPT report on visit to Macedonia, CPT/Inf (2016) 8, para. 93; CPT report on visit to Bulgaria, CPT/Inf
(2015) 36, para. 14; CPT report on visit to Greece, CPT/Inf (2016) 4, para. 23; CPT report on visit to Germany,
CPT/Inf (2017) 13, para. 20; CPT report on the visit to Ukraine, CPT/Inf (2017) 15, para. 16; 28th General Report
of the CPT, CPT/Inf (2019) 9, para. 71.
71
General intervention letter of the CHR to Prime Minister Mateusz Morawiecki of 16 April 2018, no.
KMP.570.1.2018.
46
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