The Crisis of Legitimacy in Whistleblower Protection in EU Institutions: The Paradox of a System Meant to Set the Standard Cover Image

The Crisis of Legitimacy in Whistleblower Protection in EU Institutions: The Paradox of a System Meant to Set the Standard
The Crisis of Legitimacy in Whistleblower Protection in EU Institutions: The Paradox of a System Meant to Set the Standard

Author(s): Magdalena Kun-Buczko
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Akademia Leona Koźmińskiego
Keywords: Directive 2019/1937; EU Staff Regulations; whistleblowing; double standards; crisis of legitimacy

Summary/Abstract: The article discusses the crisis of legitimacy in whistleblower protection within two EU institutions, revealing a paradox: bodies expected to set an example operate ineffectively and in a fragmented manner. A comparison of the European Commission’s and the European Parliament’s rules with Directive 2019/1937 highlights major shortcomings, including the absence of independent reporting channels, automatic protection against reprisals, and adequate transparency. Both institutions fall short of the standards established by the Directive. The judgment in Case T793/22, TU v European Parliament, confirms that this situation is unacceptable under EU law. The legal status quo deepens mistrust and undermines the legitimacy of EU governance, which itself requires urgent reform. The article concludes with recommendations to strengthen whistleblower protection, emphasising the need for concrete legal and institutional changes to restore trust in EU institutions amid growing integration challenges.

  • Issue Year: 18/2026
  • Issue No: 2
  • Page Range: 93-113
  • Page Count: 21
  • Language: English
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