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NEW REGULATIONS REGARDING WHISTLEBLOWER’ ACTIVITY AND PROTECTION IN ROMANIAN LEGISLATION AND THE EUROPEAN UNION
Abstract
In the present paper we aim to analyse the new regulations regarding the whistleblower in Romania and in the European Union. First we will present some general aspects regarding the necessity of whistleblowing in democratic societies. Then we will analize the content of the Whistleblower Protection Directive 2019/1937: who can be an whistleblower, object of whistleblower disclosures and means of protection. After that, we will refer to the particular case of Romania, where the first law in this matter entered into force in 2004. Unfortunately, due to the risks implied and the retaliations suffered by whistleblowers for their reports, the law was not well known or trusted by the citizens and, therefore, not much applied. We conclude with expressing our findings: the new legal framework is definitely more protective for the whistleblower, includes disclosure from public institutions as well as private organization and establishes penalties for those who retaliate against whistlebower. The new created system is complex and will probably be difficult to apply. In regard with the future of the whistleblower in Romania, we consider that it would be appropriate to institute a financial reward system for whistleblowing. The financial reward together with a strong protection system will increase the number of disclosure of ilegal practices, misconducts and wrongdoing.
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Latimer P., Brown A. J., Whistleblower Laws: International Best Practice, University of New South Wales Law Journal, Volume 31 (3), 2008, Paper No. 1326766, available at DOI: 10.2139/ssrn.1326766, pp. 766-794;
Vandekerckhove W., Is It Freedom? The Coming About of the EU Directive on Whistleblower, Journal of Business Ethics (2022), 179:1-11, available at DOI: 10.1007/s10551-021-04771-x, 2022;
Near J. P., Miceli M.P., Organizational dissidence: The case of whistle-blowing, Journal of Business Ethics, 1985, 4(1), pp. 1-16, DOI: 10.1007/BF00382668;
Government of Canada Public Service Integrity Office, A Comparative International Analysis of Regimes for the Disclosure of Wrongdoing (`Whistle-blowing`), 2004, available at https://publications.gc.ca/collections/Collection/CP54-5-2004E.pdf, accessed on 23.07.2023.
Stappers, Jan Tadeus, EU Whistleblower Protection Directive: Europe on Whislteblowing, ERA Forum, 22: 87-100, DOI: 10.1007/s12027-021- 00649-7, 2021.
Directorate-General for Justice and Consumers (European Commission) - Inception impact assessment on Horizontal or further sectorial EU action on whistleblower protection, available at https://ec.europa.eu/smartregulation/ roadmaps/docs/plan_2016_241_whistleblower_protection_en.pdf, accessed on 23rd of July.
Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, available athttps://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019L1937- 20211110, accessed on 23rd of July 2023.
Mapping the EU on Legal Whistleblower Protection, Assessment before the implementation of the EU WHISTLEBLOWING DIRECTIVE, Transparency International, 2019, available at https://www.transparency.nl/wpcontent/ uploads/2019/04/Mapping-the-EU-on-Whistleblower-Protection-TI-NL.pdf, accessed on 23rd of July 2023.
Law no. 571 of 17th of December 2004 of the Romanian Parliament regarding the protection of public employees who report violations of the law from public authorities, public institutions and other similar units, published in the Official Gazette no. 1.214 of 17th of December 2004, available at https://legislatie.just.ro/Public/DetaliiDocumentAfis/57866, accessed on 23rd of July 2023.
Law no. 361 of 19th of December 2022 regarding the whistle-blower protection, published in the Official Gazette no. 1218, Part 1, 19th December 2022, available at https://lege5.ro/Gratuit/geztcmrtgu3tm/legea-nr-361-2022-privind-protectiaavertizorilor- in-interes-public, accessed on 24th of July 2023.
Manea Laura, Legislative regulations regarding the ethics whistleblowers, Ethics and Deontology Journal, no. 1/2022, pg 122-131, 2022.
Givati Yehonatan, A Theory of Whistleblower Rewards, Journal of Legal Studies, vol. 45, pg. 43-72, 2016.
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