The Whistleblower Protection Office (UOO) will be transformed into a new Crime Victims and Whistleblower Protection Office, MPs decided in a vote on Tuesday, approving the Interior Ministry's bill debated via a fast-tracked legislative procedure.
In addition to handling the agenda of whistleblowers reporting criminal activity, the new institution will also take over the agenda for compensating the victims of crime from the Justice Ministry.
According to Interior Minister Matúš Šutaj Eštok (Hlas-SD), the office responsible for protecting whistleblowers will no longer be able to be misused to cover up for selected individuals and allow them to escape responsibility.
"Although [police officers known as] the Čurillagroup' wasn't the reason for amending the law, it is a fact that they best demonstrated how far the system could have been abused. This can't work in any state governed by the rule of law. Such loopholes are being closed, and the state is returning to clear rules that will apply equally to everyone," Šutaj Eštok emphasized.
According to him, the approval of the new legislation sends a signal that the state won't grant immunity to those with connections. "From now on, protection will be granted to those who deserve it, not to those who want to hide from the consequences of their actions," he stressed.
In a statement in response to the MP’s decision to pass the law, the Whistleblower Protection Office (UOO) said that the level of protection and public confidence in the whistleblower protection system will be significantly weakened.
The office further said that it regrets MPs did not heed the warnings of dozens of experts and international organizations, including the European Commission and the European Public Prosecutor's Office, which pointed to the negative effects of the new law. According to the office, political interests prevailed over a factual and professional discussion on the protection of those who, in good faith, protect the interests of the state and all those in it.
The Interior Ministry explained: "The [new] office is being set up as an independent state administration authority with nationwide powers, tasked with protecting the rights and legitimate interests of crime victims and whistleblowers reporting unlawful conduct. This is a new legal framework in the sense that, for the first time, it brings the crime victim and whistleblower agenda under a single institution."
According to the ministry, a single authority would enable immediate and coordinated protection of persons at risk. "The existing system is fragmented across multiple state bodies, thus reducing efficiency and weakening guarantees for victims and whistleblowers," stated the ministry.
Other changes are also being introduced by the proposal. Prosecutors or administrative bodies will be required to continuously review whether the qualified nature of the report based on which the decision to grant protection has been made still applies and whether the report has been made in good faith. The review would have to be carried out based on a submission from the protected whistleblower's employer.
However, the submission would have to contain information directly related to assessing the qualified nature of the report and the protected whistleblower's actions in good faith. If the administrative body or prosecutor finds that the report doesn't meet these criteria, the decision granting protection may be revoked. The new legislation is to enter into force on 1 January 2026.
Source: TASR