Implementation report of the transposed national laws aligned with the EU Whistleblowing Directive in Southeast European EU Member States

This report arrives at a pivotal moment, as countries across the Southeast Europe region and the Western Balkans in particular grapple with the complexities of translating a landmark piece of European legislation into tangible protections for those who dare to speak truth to power.

The EU Whistleblowing Directive, adopted in 2019, held the promise of a new era of transparency, accountability and corruption fighting across the EU member states and those aspiring to join the EU. It recognized that whistleblowers – individuals who risk their careers and reputations to expose wrongdoing – are essential allies in the fight against corruption, fraud, and other threats to the public interest. By mandating comprehensive legal frameworks to protect these courageous individuals from retaliation, the Directive sought to unleash the power of free speech and empower citizens to hold their governments and institutions accountable.

However, the path to the transposition and implementation has been far from smooth. As this report makes clear, many EU member states in Southeast Europe, missed the initial deadline for transposing the Directive into national law. This delay underscores the challenges of overcoming entrenched interests and bureaucratic inertia in the pursuit of greater transparency. Even now that laws have been passed, the critical question remains: are these laws truly fulfilling the vision of the EU Directive? Are they providing effective protection for whistleblowers in practice, or are they weakened by loopholes and gaps that render them largely symbolic?

This report seeks to answer these questions by examining the experiences of Bulgaria, Croatia, Greece and Romania – four countries that have now enacted whistleblower protection laws. Through detailed analysis and case studies, it assesses the strengths and weaknesses of these legal frameworks, identifies key challenges in implementation, and offers concrete recommendations for improvement.

Several themes emerge from this analysis. First, while many of these countries have made progress in aligning their laws with the EU Directive on paper, significant gaps remain in practical implementation. Insufficient awareness among institutions and the general public, limited confidence in reporting mechanisms, reluctance to report for fear of retaliation, and inadequate penalties for violations continue to undermine the effectiveness of whistleblower protection in the region.

Second, the report highlights the importance of pre-emptive protections. Laws should be designed to shield whistleblowers from retaliation before it occurs, rather than relying solely on reactive measures after the fact. This requires a shift in mindset, from viewing whistleblowers as troublemakers to recognizing them as valuable assets who play a critical role in safeguarding the public interest.

Third, the report underscores the need for independent and well-resourced authorities to oversee the implementation of whistleblower protection laws. These authorities must have the power to investigate reports of retaliation, impose meaningful sanctions on perpetrators, and provide effective remedies for victims.

Finally, the report emphasizes the importance of learning from the mistakes of others. As six countries in the region – Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia – are now in the process of assessing their practices drawing on the implementation of existing legislation and developing and planning to, or already in the process of updating their whistleblower protection laws, they have a unique opportunity to draw lessons from the experiences of their neighbours and create truly effective legal frameworks.

Ultimately, the success of whistleblower protection in Southeast Europe will depend on a sustained commitment of the government institutions to transparency, accountability, and the rule of law. It will require a change in culture, where speaking out against wrongdoing is not only tolerated but actively encouraged and celebrated.

As we move forward, let us remember that protecting whistleblowers is not just a legal obligation – it is a moral imperative. It is about creating a society where truth prevails, justice is served, and the public interest is protected.

We recommend this report, along with a previous report produced by the Coalition on the same topic in 2023 to policymakers, civil society organizations, and all those who are working to build a more transparent and accountable Southeast Europe.