The Right to Whistleblowing - the Pros and Cons: Conference Paper. International Symposium on Parliaments in the Open Government Era, January 14-15, 2015, University of Oslo, Oslo, Norway

Michael Gøtze

The Right to Whistleblowing - the Pros and Cons: Conference Paper. International Symposium on Parliaments in the Open Government Era, January 14-15, 2015, University of Oslo, Oslo, Norway

LUKKET: JUR Center for Offentlig Regulering og Administration

Abstract

The freedom of expression of public employees is protected as part of the ECHR and of a number of Constitutions. Thus, the freedom of expression is a fundamental right. Conversely, there are a number of legal limitations that are inter alia inherent in the employees' duty to loyalty and discretion. The balancing of these considerations is legally complex and gives rise to legal conflicts e.g. in cases where an employee chooses to blow the whistle as to irregularities within the public administration and as a result of this is accused of being not loyal and is meet with retaliations as regards employment situation. The paper contains a legal analysis of the mosaic of regulation that is of relevance to the legal position of a whistleblower. On this backdrop, the paper discusses the pros and cons as to enhanced protection of the right to whistleblowing.

Originalsprog	Engelsk
Publikationsdato	dec. 2014
Antal sider	12
Status	Udgivet - dec. 2014

Citationsformater

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abstract = "The freedom of expression of public employees is protected as part of the ECHR and of a number of Constitutions. Thus, the freedom of expression is a fundamental right. Conversely, there are a number of legal limitations that are inter alia inherent in the employees' duty to loyalty and discretion. The balancing of these considerations is legally complex and gives rise to legal conflicts e.g. in cases where an employee chooses to blow the whistle as to irregularities within the public administration and as a result of this is accused of being not loyal and is meet with retaliations as regards employment situation. The paper contains a legal analysis of the mosaic of regulation that is of relevance to the legal position of a whistleblower. On this backdrop, the paper discusses the pros and cons as to enhanced protection of the right to whistleblowing. ",

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N2 - The freedom of expression of public employees is protected as part of the ECHR and of a number of Constitutions. Thus, the freedom of expression is a fundamental right. Conversely, there are a number of legal limitations that are inter alia inherent in the employees' duty to loyalty and discretion. The balancing of these considerations is legally complex and gives rise to legal conflicts e.g. in cases where an employee chooses to blow the whistle as to irregularities within the public administration and as a result of this is accused of being not loyal and is meet with retaliations as regards employment situation. The paper contains a legal analysis of the mosaic of regulation that is of relevance to the legal position of a whistleblower. On this backdrop, the paper discusses the pros and cons as to enhanced protection of the right to whistleblowing.

AB - The freedom of expression of public employees is protected as part of the ECHR and of a number of Constitutions. Thus, the freedom of expression is a fundamental right. Conversely, there are a number of legal limitations that are inter alia inherent in the employees' duty to loyalty and discretion. The balancing of these considerations is legally complex and gives rise to legal conflicts e.g. in cases where an employee chooses to blow the whistle as to irregularities within the public administration and as a result of this is accused of being not loyal and is meet with retaliations as regards employment situation. The paper contains a legal analysis of the mosaic of regulation that is of relevance to the legal position of a whistleblower. On this backdrop, the paper discusses the pros and cons as to enhanced protection of the right to whistleblowing.

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