WHISTLEBLOWER’S REGULATION – LEGAL AND ETHICAL PERSPECTIVES ON EU DIRECTIVE TRANSPOSITION INTO NATIONAL LAW
DOI:
https://doi.org/10.24193/subbphil.2022.3.08Keywords:
whistleblower, EU directive, Romanian law, whistleblower protection, normative conduct theoriesAbstract
This article is analysing the legal perspective on whistleblowing, at European and national level, focusing on the scientific studies’ results and theories, emphasizing nuances which worth discussing in order to a better understanding of the social phenomenon and of individual psychological decision process for reporting a wrongdoing or the suspicion of a possible breach. We are also arguing that current whistleblower regulations must take into account both the European directive and recent research in this field, pointing out some question which are raising from the lack of the ethical and cultural focused research of Romanian society perspective on whistleblowing, considering also the recent past experiences of Romanians with political police actions in years of communism. We are establishing a few research directions which we conclude that could bring the knowledge to drawing a more relevant and applicable whistleblowing law.
References
Brown, A. J., Lewis, D., Moberly, R., Vandekerckhove, W., International Handbook on Whistleblowing Research, Edward Elgar Publishing, 2014.
Cialdini, Robert B., Kallgren, Carl A., Reno, Raymond R., A Focus Theory of Normative Conduct: a Theoretical Refinement and Reevaluation of The Role of Norms in Human Behavior, Advances in Experimental, 1991, Academic Press, Inc. Social Psychology, Vol 24, p.202.
Directive (EU) 2019/1937 Of The European Parliament and of The Council of 23 October 2019 on the protection of persons who report breaches of Union law, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019L1937.
Geng, Xin; Fleming, A. Scott, Should I Blow the Whistle on My Boss? An Investigation of the Effects of Emotional Intelligence and Consequence Framing on the Subordinates’ Whistleblowing Intentions, Journal of Forensic Accounting Research (2021) 6 (1): 291–312.
Hengky Latan, Charbel Jose Chiappetta Jabbour, Ana Beatriz Lopes de Sousa Jabbour, Social Media as a Form of Virtual Whistleblowing: Empirical Evidence for Elements of the Diamond Model, Journal of Business Ethics (2021) 174:529–548.
Law no. 286/2009 on the Criminal Code, as subsequently amended and supplemented, published in “Monitorul Oficial nr. 510 din 24 iulie 2009” (Official Gazette no. 510 of July 24, 2009).
Law no. 571/2004 regarding the protection of personnel from public authorities, public institutions and other units that report violations of the law, published in “Monitorul Oficial nr. 1214/17 decembrie 2004” (Official Gazette no. 1214 of 17th December, 2004).
Law project no 219/2002 regarding the protection of whistleblowers in the public interest, http://www.cdep.ro/pls/proiecte/upl_pck2015.proiect?cam=2&idp=19995.
Mesquita, Rosângela, Fernanda, Ayres, Sauerbronn, Filgueiras, Pimentel Duarte da Fonseca, Ana Carolina, Accounting professionals and whistleblowing: a typology of the influence of institutional logics, Revista Contabilidade & Finanças 33(3), 2022.
Muel Kaptein, How Much You See Is How You Respond: The Curvilinear Relationship Between the Frequency of Observed Unethical Behavior and The Whistleblowing Intention, Journal of Business Ethics (2022) 175:857–875.
Olesen, Thomas, The Birth of an Action Repertoire: On the Origins of the Concept of Whistleblowing, Journal of Business Ethics (2022) 179:13–24.
Patel, Chris, Some Cross‐Cultural Evidence on Whistle‐Blowing as an Internal Control Mechanism, Journal of International Accounting Research (2003) 2 (1): 69–96.
Public debate summary on the project of project of the law regarding the protection of whistleblowers in the public interest, https://www.just.ro/proiect-de-lege-privind-protectia-avertizorilor-in-interes-public/.
Roberts, Peter, Brown, A. J., Olsen, Jane, Whistling While They Work: A good-practice guide for managing internal reporting of wrongdoing in public sector organisations, Australia and New Zealand School of Government (ANZSOG), ANU Press, 2011.
Romanian Constitution, https://www.constitutia.ro/.
Universal Declaration of Human Rights Ratified by United Nations General Assembly Resolution 217A adopted on December 10, 1948, https://www.un.org/en/about-us/universal-declaration-of-human-rights.
Vandekerckhove, W., Uys, T., Rehg, M. T., & Brown, A. J. (2014). Understandings of whistleblowing: dilemmas of societal culture. In A. J. Brown, D. Lewis, R. Moberly, & W. Vandekerckhove (Eds.), International handbook of whistleblowing research (pp. 37–70). Cheltenham: Edward Elgar.
Vandekerckhove, Wim, Is It Freedom? The Coming About of the EU Directive on Whistleblower Protection, Journal of Business Ethics (2022) 179:1–11.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2022 Studia Universitatis Babeș-Bolyai Philosophia
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.