Whistleblowing - A Comparative Study by Gregor Thüsing, Gerrit Forst

By Gregor Thüsing, Gerrit Forst

This quantity takes a glance on the status quo of whistleblowing in different jurisdictions from world wide. overlaying a subject that pulls the eye of a huge public and is gaining value among legislators, practitioners and students all around the globe, the booklet examines a number of the features of whistleblowing. It appears to be like at what sort of felony defense of whistleblowers is in strength, who's safe, what sort of behaviour is secure, and how much behaviour whistleblowers are shielded from. this is often accomplished by way of a mix of a normal comparative record with country-specific experiences that supply info on whistleblowing in a variety of jurisdictions. those nations contain, among others, Canada, Germany, France, Italy, the Netherlands and the us. A synopsis contains info on whistleblowing in 23 international locations in a single tabula. The chapters of this booklet have been initially ready for the XIXth foreign Congress of Comparative legislations (20th and 21 July 2014) of foreign Academy of Comparative legislation in Vienna.

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Statutes enacted by the national Parliament conform to both common law and civil law concepts. Whistleblower protection is generally understood as an exception to the duties every employee owes to the employer particularly, the duty of loyalty – and is managed by the legal requirement that an employee first disclose wrongdoing through internal mechanisms – the “up the ladder” principle. Whistleblower protection has been the subject of legislation in most Canadian jurisdictions, reviewed in 3 The ten provinces east to west are Newfoundland and Labrador, Prince Edward Island, Nova Scotia, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan, Alberta, and British Columbia.

Thüsing and G. Forst that allow employers to oblige personnel to blow the whistle contractually (Czech Republic, France, Romania). In lieu of monetary incentives, a different form of carrot is made use of in practice within the EU: Especially in the field of antitrust regulation, whistleblowers revealing cartels they were involved in themselves may expect to be treated as key witnesses and spared from at least the harshest sanctions. 99 Although this kind of incentive has proven to be quite effective as well, the downside is that the whistleblower who acted illegally on his own is let off the hook.

On the other hand, Section 301 (4) Sarbanes-Oxley Act (USA) expressively obliges companies to enable anonymous whistleblowing. In some countries, the legal assessment of anonymous whistleblowing seems to be somewhat opaque (Croatia, Estonia, Japan, the Netherlands, Poland, Portugal). In Japan, anonymous whistleblowing is not expressively prohibited. However, an employer who has received a complaint is obliged to give the whistleblower within 20 days information on the measures he has taken to stop the reported wrongdo- 57 GRECO, Seventh General Activity Report (2006), 2007, p.

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