Berceanu, Ionut Bogdan (2020): New Legal Standards for Whistleblowers in the Light of the Directive (EU) 2019/1973 on the Protection of Persons Who Report Breaches of Union Law. Case Study: Romania. Published in: Filodiritto Editore Proceedings (October 2020): pp. 38-46.
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Abstract
According to the recently adopted Directive (EU) 2019/1973, the whistleblower protection is fragmented across Member States and the consequences of breaches of Union law with a cross-border dimension reported by whistleblowers illustrate how insufficient protection in one Member State negatively impacts the functioning of Union policies not only in that Member State, but also in other Member States and in the Union as a whole. The aim of this paper is to analyze what are the new legal standards imposed by the Directive to the Member States in order to ensure an effective protection for whistleblower in the Member States through national legislation. The case study of the paper will start by identifying and presenting the current legal standards for protecting the whistleblowers in Romania, explaining the mechanism and institutions in charge to do that. By making a comparison with the provision of the Directive, the research will offer some proposals for changing the current national legislation in accordance with the objectives imposed by the Directive.
Item Type: | MPRA Paper |
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Original Title: | New Legal Standards for Whistleblowers in the Light of the Directive (EU) 2019/1973 on the Protection of Persons Who Report Breaches of Union Law. Case Study: Romania |
Language: | English |
Keywords: | public interest, corruption, integrity, EU law, whistleblower directive, reporting channels |
Subjects: | K - Law and Economics > K2 - Regulation and Business Law > K22 - Business and Securities Law K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior > K42 - Illegal Behavior and the Enforcement of Law |
Item ID: | 112573 |
Depositing User: | Dr. Bogdan Berceanu |
Date Deposited: | 03 Apr 2022 19:13 |
Last Modified: | 03 Apr 2022 19:13 |
References: | European Parliament. (2009–2014). PE500.539v01-00. Special Commission for Organized Crime, Corruption and Money Laundering, Working Document on Corruption Special Commission for Organized Crime, Corruption and Money Laundering, Brussels, p. 3 G20 Anti-Corruption Action Plan (2011). Study on Whistleblower Protection Frameworks, Compendium of Best Practices and Guiding Principles for Legislation. OECD, Bali, pp. 1-38 Bocchiola, M. (2020). The Distinctiveness of Whistleblowing. The Journal of Value Inquiry vol. 54 (issue 1), Springer Nature B.V. pp. 1-20 Kosytsia, O., Kadala V., Muzychuk V. (2019). Institution of Whistleblowers: Characteristic Features and Guarantees of Protection. Journal of Legal, Ethical and Regulatory Issues 22(Special Issue 2), pp.1- 19 Internal Rules Implementing Article 22c of the Staff Regulations. European Parliament, Brussels, 2016, pp. 1-3. Whistleblowing in Europe. (2013), Legal protections for whistleblowers in the EU. Transparency International, Berlin, pp. 1-99, online at https://www.stt.lt/documents/soc_tyrimai/2013_WhistleblowingInEurope_EN.pdf, accessed 06.04.2020 Building on the EU Directive for Whistleblower Protection Analysis and Recommendations. (2019) Position Paper no.1/(2019), Transparency International, Berlin, pp. 1 -12, online at https://www.transparency.org/whatwedo/publication/building_on_the_eu_directive_for_whistleblower_protection, accessed: 02.04.2020 Vandekerckhove, W. (2009). European whistleblower protection: tiers or tears. in A Global Approach to Public Interest Disclosure. D. Lewis (ed.). Edward Elgar, Cheltenham/Northampton (MA), pp. 15-35 Directorate-General for Justice and Consumers, Fact Sheet.(2018). European Commission, Brussels, online at https://ec.europa.eu/info/aid-development-cooperation-fundamental-rights/your-rights-eu/whistleblowers-protection_en, accessed 06.04.2020 Law no. 571/2004 regarding the protection of employees from public authorities, public institutions and other bodies that report violations of the law. Official Gazette of Romania I (1214) pp. 1-4 |
URI: | https://mpra.ub.uni-muenchen.de/id/eprint/112573 |