Libertatea de a spune adevărul: protecția avertizorilor în lumina jurisprudenței curții europene a drepturilor omului, între normă juridică, etică instituțională și responsabilitate civică
Liberty To Speak the Truth: the Protection of Whistleblowers in the Case Law of the European Court of Human Rights — between Legal Norms Institutional Ethics and Civic Responsibility
Author(s): Cornelia Munteanu, Raluca Ştefania LazărSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Editura Universitatii LUCIAN BLAGA din Sibiu
Keywords: whistleblowing; freedom of expression; ECtHR; public interest disclosure; institutional ethics; civic responsibility; democratic accountability; legal protection of whistleblowers;
Summary/Abstract: This article examines the protection of whistleblowers through the lens of the European Court of Human Rights (ECtHR), focusing on the articulation of freedom of expression as a structural component of democratic governance. Drawing on landmark cases—from Guja v. Moldova to Halet v. Luxembourg—the study outlines the six criteria developed by the Court for assessing whistleblowing under Article 10 of the European Convention on Human Rights. Beyond its legal dimension, whistleblowing is analysed as a socio-institutional practice rooted in civic responsibility, organisational ethics, and public accountability. By integrating legal analysis, empirical data, and socio-humanistic perspectives, the article argues that whistleblowing is not merely an individual act of dissent but a vital democratic mechanism that strengthens transparency, institutional integrity, and public trust. The study emphasises the need for effective national frameworks that safeguard whistleblowers from reprisals, ensure access to fair remedies, and encourage responsible reporting in the public interest.
Journal: SAECULUM
- Issue Year: 60/2025
- Issue No: 2
- Page Range: 107-134
- Page Count: 28
- Language: Romanian
