What to Expect from the Directive on the Protection of Whistle-blowers?

Q2 Social Sciences

European Business Law Review Pub Date : 2021-10-01 DOI:10.54648/eulr2021035

Dimitrios Kafteranis

引用次数: 0

Abstract

Following several scandals, especially in the business sector, the European Union (EU) decided to adopt legislation on the protection of whistle-blowers. The Directive on the protection of persons who report breaches of Union law is an ambitious legal text complying with several international and European standards of whistle-blower protection. The fragmented legislative approaches of the EU member states will become more coherent as the Directive offers common minimum standards of protection. The Directive contains certain positive elements such as a clear definition for the whistle-blower or clear channels for disclosure. Nevertheless, the Directive does not address the issue of financial rewards and does not address clearly the issue of anonymity. The purpose of this contribution is to present the Directive and highlight its positive and negative elements. Due to the scarce legal literature upon this new EU legal act, this contribution is important and further research is needed. Whistle-blower, EU law, protection, culture, financial rewards, financial scandals, financial law, enforcement, channels for disclosure, ECHR

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对《举报者保护指令》有何期待？

在几起丑闻之后，特别是在商业领域，欧盟(EU)决定通过保护举报人的立法。《关于保护举报违反欧盟法律行为的人的指令》是一项雄心勃勃的法律文本，符合保护举报人的若干国际和欧洲标准。由于该指令提供了共同的最低保护标准，欧盟成员国支离破碎的立法方法将变得更加连贯。该指令包含某些积极因素，例如对举报人的明确定义或明确的披露渠道。然而，该指令没有解决金钱奖励问题，也没有明确解决匿名问题。这篇文章的目的是介绍该指令并突出其积极和消极的因素。由于缺乏关于这一新的欧盟法律行为的法律文献，这一贡献是重要的，需要进一步的研究。举报人，欧盟法律，保护，文化，金融奖励，金融丑闻，金融法律，执法，披露渠道，ECHR

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

European Business Law Review Social Sciences-Law

CiteScore

1.10

自引率

0.00%

发文量

期刊介绍： The mission of the European Business Law Review is to provide a forum for analysis and discussion of business law, including European Union law and the laws of the Member States and other European countries, as well as legal frameworks and issues in international and comparative contexts. The Review moves freely over the boundaries that divide the law, and covers business law, broadly defined, in public or private law, domestic, European or international law. Our topics of interest include commercial, financial, corporate, private and regulatory laws with a broadly business dimension. The Review offers current, authoritative scholarship on a wide range of issues and developments, featuring contributors providing an international as well as a European perspective. The Review is an invaluable source of current scholarship, information, practical analysis, and expert guidance for all practising lawyers, advisers, and scholars dealing with European business law on a regular basis. The Review has over 25 years established the highest scholarly standards. It distinguishes itself as open-minded, embracing interests that appeal to the scholarly, practitioner and policy-making spheres. It practices strict routines of peer review. The Review imposes no word limit on submissions, subject to the appropriateness of the word length to the subject under discussion.