THE WHISTLEBLOWERS' PROTECTION An Analysis of the Regulatory Frameworks in Selected Western Balkan Countries
THE WHISTLEBLOWERS' PROTECTION An Analysis of the Regulatory Frameworks in Selected Western Balkan Countries

Author(s): Jelena Kostić
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, EU-Legislation, Corruption - Transparency - Anti-Corruption
Published by: Institut za uporedno pravo
Keywords: whistleblowers; Western Balkan
Summary/Abstract: The protection of whistleblowers is primarily necessary for the protection of basic human rights. It derives from Article 10 of the Convention for the Protection on Human Rights and Fundamental Freedoms. According to that provision, everyone has the right to freedom of expression, which means the freedom to have one’s own opinion, receive and communicate information and ideas without the interference of public authorities and regardless of borders. The use of these freedoms also implies certain responsibilities, so it can be subject to formalities, conditions, restrictions or penalties prescribed by law and necessary in a democratic society in the interest of national security, territorial integrity or public safety, for the prevention of disorder or crime, protection of health or morals, protection of reputation or the rights of others, to prevent disclosure of information received in confidence, or to preserve the authority and impartiality of the courts. Whistleblowers exercise their right to freedom of expression by communicating information about irregularities and illegalities that threaten or may threaten the public interest. In addition, the receipt of such information by the public represents the realization of their right to information.

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