 Subjects -> LABOR UNIONS (Total: 27 journals)
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- The Role of the Central Whistleblowing Authority in External Reporting:
Comparative Remarks-
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Abstract: The creation of anational whistleblowing authority is desirable due to the need to increasepublic awareness in the field, strengthen the protection of persons reportinginformation on breaches of the law against retaliation, and forward externalreports to appropriate bodies depending on the subject matter of the report.This article examines various institutional solutions regarding the centralwhistleblowing authority introduced in the Visegrad countries (Poland, CzechRepublic, Slovakia and Hungary) plus France and Slovenia. The author arguesthat from the point of view of the effectiveness of whistleblower protection,it is necessary to ensure the independence of the central whistleblowingauthority from the executive power and to establish a fully confidentialreporting channel operated by specialized staffVolume 41 Online ISSN 0952-617X
PubDate: Fri, 31 Jan 2025 00:01:08 GMT
Issue No: Vol. 41 (2025)
- Clash of Cultures: The EU Whistleblower Directive and National Company Law
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Abstract: The EU WhistleblowerDirective (WBD) is widely perceived as a major step in motivating potentialwhistleblowers to come to the fore by granting them strong protection againstthe negative consequences of reporting. The perception by business enterprisesand their managers is mixed, however. While internal reporting procedures havebeen recognized as effective compliance tools for some time, the Directiverequires certain adjustments that seem at odds with traditional concepts ofcompany law and its organizational rules for solving conflicts of interests andagency problems. Among these are, most notably, the unconditioned option toreport externally and the protection of company directors who blow the whistle.Against this backdrop, this contribution endeavours not only to illustrate theirritating impact of the new whistleblowing regimes on the compliancearchitecture of companies, but also to suggest how to ease the frictions whiletaking the aims of the WBD and the national transposition laws seriously.Volume 41 Online ISSN 0952-617X
PubDate: Fri, 31 Jan 2025 00:01:08 GMT
Issue No: Vol. 41 (2025)
- Whistleblowing Regulation in Hungary: Old and New Dilemmas
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Abstract: Hungary was one of thelast Member States of the EU to complete its legislative harmonization, withthe Act on Complaints, Public Interest Reports and the Rules for ReportingAbuses promulgated on 25 May 2023. This study analyses the provisions of thislaw, which builds on similar legislation enacted in 2013. This reform is bestillustrated by analogy with the renovation and extension of a building, wherebythe existing non-functional building is upgraded, but behind the new claddingthe existing walls continue to suffer from defects and shortcomings. It isevident that renovation carries more risks than the construction of a newbuilding, as it is not possible to be sure how the old and the new will worktogether, and the solutions adopted must stand the test of time. Accordingly,this article describes how the legal instruments required by the Directive havebeen incorporated into the Hungarian legal system and how they interact withthe existing provisions, while analysing the dilemmas posed by the new rules incomparison with previous practice. The study examines the instruments availablein Hungarian labour law to protect whistleblowers, including protection againstunlawful dismissal and protection of fundamental rights. This will allow acomparison between the provisions of the law on harmonization and thepossibilities of the labour courts to apply the law, as well as the experiencegained so far and the directions of development of Hungarian case law.Volume 41 Online ISSN 0952-617X
PubDate: Fri, 31 Jan 2025 00:01:08 GMT
Issue No: Vol. 41 (2025)
- The ECtHR Case Law on Whistleblowing: A Fundamental Rights Benchmark for
the European and National Legislator-
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Abstract: The case law of the European Court of Human Rights (ECtHR)developed a set of criteria which are relevant to assess an act ofwhistleblowing as a legitimate exercise of the right to freedom of expression.Most recently, the Grand Chamber judgment in the case of Halet v. Luxembourgprovided updated standards to find a fair balance between the interestsconcerned, i.e., the interests of the employee to exercise the right to freedomof expression which typically coincides with the public interest in receivingrelevant information on the one side and the interests of the employer on theother side. Remarkably, the EU Directive on the Protection of Whistleblowersrecognizes the respective case law and takes into account the criteriaestablished by the ECtHR.Volume 41 Online ISSN 0952-617X
PubDate: Fri, 31 Jan 2025 00:01:08 GMT
Issue No: Vol. 41 (2025)
- Foreword: Challenges to the Protection of Whistleblowers in a Comparative
Perspective-
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Abstract: Volume 41 Online ISSN 0952-617X
PubDate: Fri, 31 Jan 2025 00:01:08 GMT
Issue No: Vol. 41 (2025)
- Interaction between the Whistleblowing Directive and the ECHR: The Case of
Romania-
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Abstract: Whistleblower protection has existed in Romania since 2004,with the law providing free choice as to the means to reveal breaches of thelaw. However, in most cases, the courts have decided that the persons revealingbreaches of the law were not protected as whistleblowers, as there was nopublic interest in the disclosure. On the other hand, the European Court ofHuman Rights (ECtHR) has protected Romanian whistleblowers under the scope ofthe freedom of expression. In this context, the new regulation has attempted tobalance the provisions of Directive (EU) 2019/1937 on the protection of personswho report breaches of Union law, the case-law of the ECtHR and the Council ofEurope’s conventions against corruption. The result is a complex regulationthat might lead to uncertainty as to who qualifies for whistleblower protectionand thus render the law less effective.Volume 41 Online ISSN 0952-617X
PubDate: Fri, 31 Jan 2025 00:01:08 GMT
Issue No: Vol. 41 (2025)
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