Whistleblower Protection by the Council of Europe, the European Court of Human Rights and the European Union PDF Download

Author: Hava Charlotte Lan Yurttagül
Publisher: Springer Nature
ISBN: 3030780597
Category : Law
Languages : en
Pages : 305

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Book Description
First introduced in the United States, whistleblower laws have become increasingly popular around the world. This book illustrates the regional efforts undertaken by European organizations to promote whistleblower protection in Europe. To provide context, the first part of the book presents an overview of the international best practices for whistleblowing legislation and explores the status of whistleblower under international law. It also assesses the global hot topics regarding whistleblowing, from the cases of Edward Snowden and Julian Assange to the silencing of whistleblowers during the COVID-19 pandemic. The following parts focus on the European approach to whistleblower laws. It illustrates the influence of the Council of Europe in putting whistleblower protection on the European agenda and discusses the European Court of Human Rights’ case law on whistleblowing under Article 10 of the European Convention on Human Rights. In the final part, the author analyzes the evolution of the European Union’s approach to whistleblowing and the legal significance of the EU Whistleblower Directive adopted in 2019. In the respective parts, the author also examines the effectiveness of the international organizations’ own internal rules on whistleblowing, from the United Nations and the World Bank Group to the Council of Europe and the European Union.

Author: Simon Gerdemann
Publisher: Universitätsverlag Göttingen
ISBN: 3863955951
Category :
Languages : en
Pages : 172

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Book Description
The “European Whistleblowing Directive” (Directive (EU) 2019/1937) is the most far-reaching piece of whistleblowing legislation in history with an unprecedented impact on countries all across the European Union. To transpose the Directive, all 27 Member States were required to enact their own national whistleblowing laws by 17 December 2021, in many cases leading to the creation of an entirely new field of law previously unknown to many national legal systems. The papers included in this book are the result of the “2nd European Conference on Whistleblowing Legislation”, providing readers with a first in-depth look into the emerging field of research that is European Whistleblowing Law.

Author: André Alfar Rodrigues
Publisher: Leya
ISBN: 989401805X
Category : Law
Languages : pt-BR
Pages : 320

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Book Description
This book seeks to address the phenomenon of whistleblowing in the light of European court decisions. It also provides an in-depth study of comparative law, the legal systems of which can be used to compare the Portuguese General Whistleblower Protection Regime. As can be seen, the Portuguese legislator took advantage of the fact that the European Whistleblowing Directive is a minimum harmonisation directive to give Law 93/2021 a broader scope than that required by European standards.

Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287180628
Category : Law
Languages : en
Pages : 41

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Book Description
Recommendation CM/Rec(2014)7 on the protection of whistleblowers encourages member states of the Council of Europe to have in place a normative, institutional and judicial framework that protects the rights and interests of individuals who, in the context of their workbased relationship, report or disclose information on threats or harm to the public interest. A series of principles is set out in the appendix to the recommendation to guide member states when introducing legislation and regulations or, where required, making amendments.

Author: Dagmara Skupień
Publisher: Wydawnictwo Uniwersytetu Łódzkiego
ISBN: 8382206409
Category : Law
Languages : en
Pages : 252

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Book Description
This monograph is an outcome of research completed within the Visegrad Grant “Workplace Whistleblower Protection in the V4 Countries, France and Slovenia” – WhistlePro (2020–2021), financed from the International Visegrad Fund. The project aims to contribute to the improvement of the legal framework in the Visegrad countries concerning the protection of workplace whistleblowers and, indirectly, to the change of workers’ attitudes towards whistleblowing. Contributions prepared by legal experts from various countries and universities concern matters of universal importance such as freedom of expression relative to whistleblowing, personal scope of the EU Whistleblower Protection Directive (2019/1937) or personal data protection. They also discuss the legal situation concerning whistleblower protection in the Visegrad countries, France and Slovenia and present recommendations for changes in the respective countries. The monograph culminates with a summary of proposals for the improvement of the legal situation of persons disclosing breaches of law in the work-related context. Given its topicality and in-depth analysis of legal problems related to adequate whistleblower protection, the book may be of interest to academics, practitioners, social partners, non-governmental organisations (NGOs) and policy makers in the process of the EU Whistleblower Protection Directive transposition in Member States. Dagmara Skupień

Author: Kayhan Karaca
Publisher: Council of Europe
ISBN: 9287152497
Category : Political Science
Languages : en
Pages : 76

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Book Description
1. Principles and tools for a European media policy. 2. Core issues for the media: the Council of Europe's response. 3. The European Courts of Human Rights: media democracy through law - case-law based on Article 10. Conclusion. Appendix: Declaration on the freedom of expression and information. Bibliography.

Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124

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Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Author: Valsamis Mitsilegas
Publisher: BRILL
ISBN: 9004459812
Category : Law
Languages : en
Pages : 108

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Book Description
The Law of Whistleblowing: Cross-disciplinary, Contextual and Comparative Perspectives provides a contextual and cross-disciplinary analysis of legal responses to whistleblowing from a comparative perspective. Examining developments in criminal, labour, corporate and administrative law, contributions in this volume provide one of the first comprehensive analyses of the emerging multi-level legal framework to protect whistleblowers.

Author: Mihaela Letiţia Gavrilă
Publisher:
ISBN: 9789738803855
Category :
Languages : en
Pages : 247

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Book Description

Author: Vigjilenca Abazi
Publisher: Oxford University Press
ISBN: 0192578634
Category : Political Science
Languages : en
Pages : 223

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Book Description
This monograph offers a uniquely comprehensive and in-depth legal account of official secrets in the European Union. It critically analyses their implications for oversight and fundamental rights. Based on forty interviews with practitioners and other stakeholders, it offers an understanding of the practices of official secrets and provides a critical and much-needed perspective on how parliamentary, judicial and administrative oversight institutions deal with access to classified material and the dilemma of oversight to concurrently ensure secrecy necessary for EU security policies and openness needed for democratic processes and fundamental rights. The book discerns shifts in institutional practice of oversight at the European Parliament and the Court of Justice of the European Union that disproportionately favour secrecy and the protection of classified documents while creating serious limitations to open democratic deliberations and access to justice, and delivers new insights on the EU's development as a security actor as well as its autonomy from Member States, showing how rules on official secrets were a means for the EU to gain more autonomy in external security cooperation.