Tuesday

28th Nov 2023

LuxLeaks trial re-opens debate on whistleblowers' protection

  • Whistleblower Antoine Deltour (r), receiving the European Citizen's Prize in the European Parliament in 2015. (Photo: European Parliament)

The third Luxleaks trial, which starts in Luxembourg on Thursday (23 November), has prompted fresh calls for better protection of whistleblowers.

Antoine Deltour, Raphael Halet, and Edouard Perrin will have their fresh appeal heard by the High Court of Luxembourg, after two previous 'guilty' sentences by Luxembourg courts in 2016 and then an appeal in 2017.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

Deltour and Halet's, both former employees of consultancy firm PricewaterhouseCoopers (PwC), are on trial for allegedly having leaked documents that showed how the company helped several multinationals to evade taxes in Luxembourg from 2002 to 2010.

Perrin, a French journalist, was the first to reveal the documents, which became the so-called 'LuxLeaks' in 2014.

In 2017, Deltour received a six-month suspended sentence and a €1,500 fine, while Halet received a €1,000 fine.

Charges included theft, disclosing confidential information and trade secrets, money laundering and fraud.

Perrin was originally acquitted twice.

If the new appeal fails, Deltour and Halet will bring their case to the European Court of Human Rights.

Following LuxLeaks' revelations, the European Commission and member states decided to take new measures against on tax avoidance and tax dumping.

But the trial raises again the issue of the protection of whistleblowers, especially after the murder in October of Maltese journalist Daphne Caruana Galizia, who was investigating political corruption in her country.

'Grotesque low point of justice'

Thursday's trial is a "grotesque low point of justice," Green MEP Sven Giegold said in statement, adding that the Luxembourg Court "criminalises civil courage."

"The whistleblowers deserve acquittal and protection for their commitment to the common good," he said in a statement.

Another Green MEP, Benedek Javor, added that "thanks to people" like Deltour and Halet, the public "was made aware of the many tax and fraud scandals to break in recent years".

He said that whistleblowers' actions have been a major factor in bringing "needed policy changes to tackle tax fraud, money laundering and corruption."

In May 2017, at a hearing of the parliament's committee investigation on the Panama Papers revelations, Commission president Jean-Claude Juncker said that the EU executive was working on a proposal to better protect whistleblowers and "you will hear more about this in the months to come".

But the European Commission, which launched a public consultation in March, is still pondering whether rules to protect all whistleblowers at EU and national level are needed.

Justice commissioner Vera Jourova said on Monday that she will table a proposal "in the course of the spring".

She told reporters she did not know yet whether there will be "enough support from the member states" for an EU-wide legislation, or whether she would have to propose a "non-legislative measure such as a recommendation or some guideline" to get that support.

"I cannot tell you now what will be the way the Commission will do it," she said.

'We are working intensively'

She said however that her proposal will focus on the "most serious cases or fields where the protection of whistleblowers is of utmost importance," such as criminal justice, in order to fight "more efficiently against corruption, money laundering, serious crimes of financial nature."

"We will look into the possibilities to protect whistleblowers in these fields," she said. "We are working intensively on this."

The protection of whistleblowers currently depends on member states legislation and rules differ from one state to another.

The European Parliament has called several time on the Commission to take action.

On 24 October, MEPs voted a non-binding resolution drafted by centre-left MEP Virginie Roziere, calling for an EU framework for whistleblowers.

The proposal covers a very broad definition of whistleblowers and calls for a broad range of support.

Earlier initiatives in the Parliament's include an project for a draft directive by the Green group in May 2016, the recognition of the role of whistleblowers in the contex of LuxLeaks, and another call to the Commission to submit a "a legislative proposal in the public and in the private sector" by the end of 2013.

LuxLeaks whistleblowers sentenced again

PwC employees Antoine Deltour and Raphael Halet, who revealed how multinational companies dodged taxes through deals in Luxembourg, were given reduced sentences.

LuxLeaks forces discussion on EU-wide protections

LuxLeak whistleblower Antoine Deltour is urging justice ministers to help put in place rules to protect people across Europe who leak confidential information for the public good.

Agenda

Whistleblowers, Syria and digital revolution This WEEK

The European Commission will present proposals to protect whistleblowers, combat fake news and organise the digital single market. The international community will gather in Brussels to discuss how to help Syrians in the current war and after.

LuxLeaks whistleblower Deltour acquitted

The court confirmed a sentence of €1,000 fine for Deltour's fellow leaker Raphael Halet, raising pressure on the European Commission to come forward with proposals to protect whistleblowers.

Analysis

How Wilders' Dutch extremism goes way beyond Islamophobia

Without losing sight of his pervasive Islamophobia, it is essential to note Geert Wilders' far-right extremism extends to other issues that could drastically alter the nature of Dutch politics — and end its often constructive role in advancing EU policies.

Latest News

  1. People-smuggling profits at historic high, EU concedes
  2. EU bets big on fossil hydrogen and carbon storage
  3. How centre-right conservatives capitulate to the far-right
  4. My experience trying to negotiate with Uber
  5. Key battlegrounds in EU's new media legislation
  6. EU 'shocked' by Israel's war-time settler surge
  7. Platform workers could face 'robo-firing' under EU's AI rules
  8. Wilders faces tough road to power, despite election triumph

Stakeholders' Highlights

  1. Friedrich Naumann FoundationPoems of Liberty – Call for Submission “Human Rights in Inhume War”: 250€ honorary fee for selected poems
  2. World BankWorld Bank report: How to create a future where the rewards of technology benefit all levels of society?
  3. Georgia Ministry of Foreign AffairsThis autumn Europalia arts festival is all about GEORGIA!
  4. UNOPSFostering health system resilience in fragile and conflict-affected countries
  5. European Citizen's InitiativeThe European Commission launches the ‘ImagineEU’ competition for secondary school students in the EU.
  6. Nordic Council of MinistersThe Nordic Region is stepping up its efforts to reduce food waste

Stakeholders' Highlights

  1. UNOPSUNOPS begins works under EU-funded project to repair schools in Ukraine
  2. Georgia Ministry of Foreign AffairsGeorgia effectively prevents sanctions evasion against Russia – confirm EU, UK, USA
  3. Nordic Council of MinistersGlobal interest in the new Nordic Nutrition Recommendations – here are the speakers for the launch
  4. Nordic Council of Ministers20 June: Launch of the new Nordic Nutrition Recommendations
  5. International Sustainable Finance CentreJoin CEE Sustainable Finance Summit, 15 – 19 May 2023, high-level event for finance & business
  6. ICLEISeven actionable measures to make food procurement in Europe more sustainable

Join EUobserver

Support quality EU news

Join us