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

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

  • 作者:
  • 出版商: Springer-Verlag
  • ISBN: 9783030780616
  • 出版时间 July 2022
  • 规格: Paperback
  • 适应领域: Switzerland ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9783030780586
¥1,374.28
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

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