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

Centre for Public Regulation and 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.

Original language	English
Publication date	Dec 2014
Number of pages	12
Publication status	Published - Dec 2014

Cite this

@conference{2281ae7ef5094017859f534f2f2efcf7,

title = "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",

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. ",

author = "Michael G{\o}tze",

year = "2014",

month = dec,

language = "English",

}

TY - CONF

T1 - The Right to Whistleblowing - the Pros and Cons

T2 - Conference Paper. International Symposium on Parliaments in the Open Government Era, January 14-15, 2015, University of Oslo, Oslo, Norway

AU - Gøtze, Michael

PY - 2014/12

Y1 - 2014/12

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.

M3 - Paper

ER -