Pitfalls in Implementing the EU Whistleblower Directive
In this paper, we focus on two conceptual problems associated with the EU Whistleblower Directive and point out issues that may undermine or even frustrate the successful implementation of the Directive in a national context. While fully acknowledging strong arguments for, and undeniable benefits of...
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| Language: | English |
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Sciendo
2024-03-01
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| Series: | Wroclaw Review of Law, Administration and Economics |
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| Online Access: | https://doi.org/10.2478/wrlae-2024-0002 |
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| author | Scheu Harald Christian |
| author_facet | Scheu Harald Christian |
| author_sort | Scheu Harald Christian |
| collection | DOAJ |
| description | In this paper, we focus on two conceptual problems associated with the EU Whistleblower Directive and point out issues that may undermine or even frustrate the successful implementation of the Directive in a national context. While fully acknowledging strong arguments for, and undeniable benefits of, speaking in favour of EU whistleblower protection, it has to be noted that a specific form of forced gold-plating calling for the extension of the material scope of protection may complicate the interpretation of the autonomous part of legislation and lead to legal insecurity. Moreover, new elements of whistleblower protection as introduced by the Directive diverge from the case law of the European Court of Human Rights. The introduction of higher standards of protection in favour of whistleblowers does not raise problems in relations between the state and the individual, but some EU rules may cause problems in horizontal relations between private individuals, since fair balancing of interests as required by Strasbourg jurisprudence may be not always guaranteed. |
| format | Article |
| id | doaj-art-c4456ce1c71d4f49a0d5475abd66a573 |
| institution | Kabale University |
| issn | 2084-1264 |
| language | English |
| publishDate | 2024-03-01 |
| publisher | Sciendo |
| record_format | Article |
| series | Wroclaw Review of Law, Administration and Economics |
| spelling | doaj-art-c4456ce1c71d4f49a0d5475abd66a5732025-02-10T13:26:27ZengSciendoWroclaw Review of Law, Administration and Economics2084-12642024-03-01141526810.2478/wrlae-2024-0002Pitfalls in Implementing the EU Whistleblower DirectiveScheu Harald Christian0Professor of European Law, Faculty of Law, Charles University, Prague, Czech RepublicIn this paper, we focus on two conceptual problems associated with the EU Whistleblower Directive and point out issues that may undermine or even frustrate the successful implementation of the Directive in a national context. While fully acknowledging strong arguments for, and undeniable benefits of, speaking in favour of EU whistleblower protection, it has to be noted that a specific form of forced gold-plating calling for the extension of the material scope of protection may complicate the interpretation of the autonomous part of legislation and lead to legal insecurity. Moreover, new elements of whistleblower protection as introduced by the Directive diverge from the case law of the European Court of Human Rights. The introduction of higher standards of protection in favour of whistleblowers does not raise problems in relations between the state and the individual, but some EU rules may cause problems in horizontal relations between private individuals, since fair balancing of interests as required by Strasbourg jurisprudence may be not always guaranteed.https://doi.org/10.2478/wrlae-2024-0002whistleblower protectiondirectiveeugold-platingeuropean court of human rightsfreedom of expressionexternal reportingmotivation |
| spellingShingle | Scheu Harald Christian Pitfalls in Implementing the EU Whistleblower Directive Wroclaw Review of Law, Administration and Economics whistleblower protection directive eu gold-plating european court of human rights freedom of expression external reporting motivation |
| title | Pitfalls in Implementing the EU Whistleblower Directive |
| title_full | Pitfalls in Implementing the EU Whistleblower Directive |
| title_fullStr | Pitfalls in Implementing the EU Whistleblower Directive |
| title_full_unstemmed | Pitfalls in Implementing the EU Whistleblower Directive |
| title_short | Pitfalls in Implementing the EU Whistleblower Directive |
| title_sort | pitfalls in implementing the eu whistleblower directive |
| topic | whistleblower protection directive eu gold-plating european court of human rights freedom of expression external reporting motivation |
| url | https://doi.org/10.2478/wrlae-2024-0002 |
| work_keys_str_mv | AT scheuharaldchristian pitfallsinimplementingtheeuwhistleblowerdirective |