David B. Lewis's A Global Approach to Public Interest Disclosure: What Can We PDF

By David B. Lewis

ISBN-10: 1848448996

ISBN-13: 9781848448995

This well timed and demanding publication assesses the effect of laws on public curiosity disclosures the world over, in addition to surroundings an schedule for destiny examine on whistleblowing. Combining either theoretical and useful equipment, this distinct e-book bargains a close exam of a few of the most important statutory provisions within the united kingdom and explores the best way courts have interpreted them. The professional participants evaluate the united kingdom version with the several techniques taken in Australia, the U.S. in addition to the remainder of Europe, and concentrate on the teachings that may be discovered from the present perform of whistleblowing. They review the contents and alertness of private reporting/whistleblowing approaches, and draw upon major empirical examine. This publication might be of serious curiosity to teachers, postgraduate scholars, practitioners and policymakers within the fields of employment legislation, human source administration, enterprise ethics and company governance.

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Additional info for A Global Approach to Public Interest Disclosure: What Can We Learn from Existing Whistleblowing Legislation and Research?

Sample text

A number of European whistleblowers have criticized the Ombudsperson for not taking seriously his responsibilities with regard to whistleblower concerns. This is not the place to discuss these cases, but from the policy set out it is clear the European Ombudsperson does not have an important role to play in the scheme. In 2008,9 the European Parliament strengthened the Ombudsperson’s power of investigation. He now has full access to documents held by the EU institutions and bodies. Also, EU officials who give evidence to the Ombudsman are no longer required to speak ‘on behalf of and in accordance with instructions from their administrations’ (European Ombudsperson, 2009, pp.

34). However, opening a direct route to the Ombudsperson, mandating his office to grant protection to whistleblowers, requiring him explicitly to investigate alleged retaliation and including in the annual report a section on whistleblowing, would further enhance the second-tier position. IS THE THREE-TIERED MODEL EUROPEAN? What do we learn from the above? The first thing we learn is that there is not really that much whistleblower protection in Europe. For 27 countries, the result is very meagre.

It has a very strong second tier in the form of the Ombudsperson who reports to Parliament, whose track history of granting protection is positive, and who informs the public of how and the extent to which the policy works. Further, while the policy does not mention whistleblowing to the media, in one well publicized case the whistleblower did not lose protection after talking to the press. DRIVERS FOR WHISTLEBLOWER PROTECTION IN OTHER EUROPEAN COUNTRIES So what is happening in the other EU countries?

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A Global Approach to Public Interest Disclosure: What Can We Learn from Existing Whistleblowing Legislation and Research? by David B. Lewis

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