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The individual versus the state: status and role of the whistleblower

Yves Gounin

Puni tekst: francuski pdf 362 Kb


str. 23-34

preuzimanja: 538



The institute of whistle-blower’s aim is to publicly warn of the illegal actions of certain individuals in public sector activity. The word « whistle-blower » denotes a person or individual brave enough, out of moral beliefs and despite the risks they are putting themselves under, for personal integrity who decides to openly and publicly speak out about some illegal or unethical behavior by their superiors. Anglo-Saxon countries historically have a greater tendency to protect and acknowledge whistle-blowers than continental countries. For example, in the United States in 1863 the False Claim Act was brought in with the aim of protecting against the corruption of government suppliers. Whistle-blowers’ rights in the United State of America are specific. They stress the importance of rewarding which particularly relates to taxation and financial fraud cases. Author describes examples of United Kingdom, Canada, Italy, Germany, Bosnia and Hercegovina. In the Republic of France, the whistleblower has special status, coherence and efficiency, which s/he has acquired thanks to legislative reforms of 2016. For years, international organizations have been promoting the importance of institutional and normative frameworks for regulating whistleblowers. Affirming the institute of whistle-blowers was particularly stressed by the Council of Europe Recommendation of 2014 on the protection of whistle-blowers. This suggests member states establish an all-inclusive framework for the protection of those who report irregularities in the context of work relations. Also stated are principles such as directives to assist in formulation. Within the framework of the European Union, the European Parliament on 14 February 2017 adopted the Resolution on the role of whistle-blowers in the protection of the financial interests of the European Union, referring to the all-inclusive European Program for the protection of whistleblowers.

Ključne riječi

Individual; checking the state; whistleblower as public interest guardian

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