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Whistleblower Protection by the Council of Europe, the European Court of Human Rights and the European Union: An Emerging Consensus


ISBN13: 9783030780586
Published: June 2021
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £109.99
Paperback edition , ISBN13 9783030780616



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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.

Subjects:
Human Rights and Civil Liberties
Contents:
Part 1: Whistleblower laws: An international perspective
The Genesis of "Whistleblowing"
Who is a whistleblower under the law?
Blowing the whistle on wrongdoing
Dedicated reporting channels
Protective measures and Incentives
Protection of whistleblowers within international organization
Intermediate conclusion
Part 2: Whistleblower protection by the Council of Europe
Introduction
The initiating role of the Parliamentary Assembly
The Committee of Ministers' Recommendation: A foundation stone for whistleblower protection in Europe
Whistleblowers and national security
Better protection for whistleblowers
Intermediate Conclusion
Part 3: Whistleblower protection under the European Convention on Human Rights
The protection of whistleblowers under Article 10 ECHR
A precedent-setting case: The Guja ruling of the ECtHR
The ECtHR whistleblower protection principles: The six Whistleblowing criteria
Intermediate Conclusion
PART 4: Whistleblowers and the European Union
Introduction
Whistleblower protection regulations within EU Institutions
When EU whistleblowers go to Court
Existing whistleblowing rules in sectorial secondary legislation
A new Whistleblower directive: Toward stronger protection in the EU
Conclusion