Thank you for your explanation and rephrasing, very clear now,
Have a nice evening,
Catherine Wiot
 
_____________________________________________
From:    SCHIEBLE Christoph (HR) 
Sent:   Monday, October 22, 2012 4:40 PM
To:     WIOT Catherine (DGT); BERNASCHI Corina Alina (HR)
Cc:     LEROY Yves (DGT); ROBINSON Margaret (HR); SLOOTJES Rene (HR)
Subject:        RE: HR 2012 80006 clarification needed
 
Dear Ms Wiot
 
Thank you for your mail. I will try to clarify the context.
 
The idea is that a whistleblower can be – like any other official -  subject to measures which adversely affect him, e.g. a negative CDR report. The mere fact that somebody has blown the whistle does not make him “sacrosanct”. However, if he considers this adverse measure to be a retaliation motivated by the fact that he blew the whistle, it is up for the person taking the adverse measure (e.g. the hierarchical superior who signed the CDR) to prove that this is not the case. If this person fails to do so, this will be considered an illegal form of retaliation.
 
A suggested re-phrasing would be as follows:
 
“Regarding burden of proof, it shall be up to the person taking any adverse measure against a whistleblower to establish that the measure was motivated by reasons other than the reporting.”
 
Kind regards
 
Christoph Schieble
 
_____________________________________________
From: WIOT Catherine (DGT)
Sent: Monday, October 22, 2012 1:20 PM
To: BERNASCHI Corina Alina (HR); SCHIEBLE Christoph (HR)
Cc: LEROY Yves (DGT)
Subject: HR 2012 80006 clarification needed
 
 
Hello, regarding this revision of the "Communication from Vice-President Šefčovič to the Commission on whistleblowing", could you please clarify the following sentence under point 3:
"Regarding burden of proof, it shall be up to the person taking the measure to establish that any adverse measures were motivated by reasons other than the reporting."
Even with the context, the terms "measure" and "adverse measures" seem confusing to me, can you please develop a little/explain what is meant with these two terms ?
Thanks,
With best regards,
Catherine Wiot
DGT FR01