Reporting to the Ministry of Justice
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Whistleblowers who report breaches of legal rules are protected against all forms of retaliation.
The Ministry of Justice (hereinafter referred to as 'the ministry') has launched an online assistant on MyGuichet.lu which allows whistleblowers to submit internal reports without authentication, relating to breaches of national and European law that may have occurred within their ministry.
You are encouraged to submit an internal report first (using the link on the ministry's website or in our section 'Online services and forms' below) before reporting externally to one of the competent authorities specified in the law of 16 May 2023 (Article 18), unless internal reporting could be detrimental to you (e.g. retaliation by your employer).
The Office for Whistleblowers, an independent authority of the ministry, can provide information and assistance to anyone wishing to report a breach.
Who is concerned
The law of 16 May 2023 is protecting whistleblowers working in the private or public sector who have acquired information concerning breaches in a work-related context (current, past or future employment relationship), including:
- salaried workers (including civil servants and State employees);
- job candidates;
- persons whose work relationship has been terminated;
- persons who are self-employed;
- shareholders and persons belonging to the administrative, management or supervisory body of an undertaking, including non-executive members;
- volunteers and paid or unpaid trainees;
- anyone working under the supervision and direction of contractors, subcontractors and suppliers.
The protection also extends to:
- facilitators (natural persons assisting whistleblowers on a confidential basis);
- third parties who have a work-based or personal relationship with whistleblowers and who are at risk of retaliation, such as the whistleblower's colleagues or relatives;
- legal entities that the whistleblower owns, works for or is otherwise connected with in a work-related context;
- persons who have reported or disclosed information on breaches anonymously, but who are subsequently identified and suffer retaliation;
- persons reporting breaches to relevant institutions, bodies, offices or agencies of the European Union.
How to proceed
What can be reported?
As a whistleblower, you can report any breach of national law and/or European Union law, that is to say, acts or omissions that:
- are unlawful; or
- goes against the object or the purpose of the directly applicable rules of national law or European law.
You can communicate any information, including reasonable suspicions, concerning:
- actual or potential breaches; and/or
- attempts to conceal such breaches,
which have occurred or are very likely to occur:
- in the organisation in which you work or have worked; or
- with which you are or have been in contact through your work.
What types of reports are not concerned?
The following are not concerned:
- reporting of breaches relating to national security; and
- reports originating from whistleblowers whose relationships are covered by:
- medical confidentiality;
- the confidentiality of lawyer-client relations;
- the professional secrecy to which a notary or court bailiff is bound;
- the secrecy of judicial deliberations;
- rules on criminal procedure.
Please note: you may not disclose information which you have acquired or to which you have gained access by committing a criminal offence.
What are the conditions for protection?
In order to qualify for protection against all forms of retaliation, you must:
- have had reasonable grounds to believe that the information on breaches reported was true at the time of reporting and that such information falls within the scope of the law of 16 May 2023; and
- have made a report:
- either internally: through the reporting channels of your undertaking or administration;
- or externally: through the reporting channels of the competent authority;
- or by way of public disclosure: following internal and external report, or directly an external report, that yielded no satisfactory result.
Submission of an internal report to the Ministry
You can report breaches to the ministry in Luxembourgish, French, German or English:
- via the 'Whistleblower' procedure without authentication on the secure MyGuichet.lu platform; or
- by email to: signalement@mj.etat.lu, or
- by post to the ministry's postal address:
Ministère de la Justice
13, rue Erasme
L-1468 Luxembourg
If the report is sent by post: it should be sent in a double envelope marked 'confidentiel' and 'à l’attention du délégué aux signalements'.
The ministry's reporting channel guarantees the completeness, integrity and confidentiality of the information transmitted. Only a limited number of authorised agents have access to the information submitted in this way. These agents are bound by professional secrecy.
The secure MyGuichet.lu platform is to be preferred insofar as this channel provides the best possible guarantee of anonymity, independence and autonomy for the receipt and processing of reports of breaches received in accordance with the law of 16 May 2023.
Any processing of personal data carried out under the law of 16 May 2023 is carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
The Ministry of Justice is bound to respect the obligations incumbent on it in its capacity as a data controller.
Please consult the Ministry of Justice's information notice on the protection of personal data.
Online services and forms
Who to contact
Ministry of Justice Reporting
- Address:
- 13, rue Erasme L-1468 Luxembourg Luxembourg
- Phone:
- (+352) 621 39 69 67
- Email address:
- signalement@mj.etat.lu
- Website:
- https://mj.gouvernement.lu/fr.html
Related procedures and links
Links
Further information
Legal references
portant transposition de la directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019 sur la protection des personnes qui signalent des violations du droit de l’Union.
