The Development of a Legal Framework on Whistle-blowing by Public Employees in the European Union

This text discusses whistle-blowing in Europe, its historical roots, and the recent EU regulatory framework, Directive (EU) 2019/1937, which aims to harmonise whistle-blowing laws across Member States. The Directive emphasises transparency, accountability, and the freedom of expression for whistle-blowers. It is distinguished by virtue of the fact it applies to both public and private sectors, in contrast to some national laws. It also provides protections for internal and external reporting channels, as well as provisions for public disclosures in certain circumstances. The chapter discusses the scope of protection under the Directive and highlights the Directive’s inclusive approach, aligning with a human rights-oriented perspective. Also, the chapter touches on the reward model (providing economic incentives) and the guarantee model (offering protection from negative consequences), noting that Europe predominantly follows the guarantee model. Finally, the chapter addresses the issue of confidentiality and measures aimed at striking a balance between protecting the identity of whistle-blowers and allowing disclosure in specific circumstances.