Regulation of whistleblowing in domestic and certain comparative law systems

Abstract

The author analyzes the legislation of institute of whistleblowing in certain comparative law systems, but also in legislation of the Republic of Serbia. The institute of whistleblowing itself, ie whistleblowers as persons who, in order to fight corruption, by reporting appropriate information, warns of cases of corruption, illegal business or abuse of power, is differently regulated in different legal systems. Bearing in mind that whistleblowing and protection of whistleblowers originates from the English-speaking area, where exists the greatest tradition in the normative regulation of this institute, the analysis of the legal management system, seems necessary. Especially since this institute is regulated in domestic law by following the example of the law of Great Britain. On the other hand, the institute of whistleblowing is also present in the countries of the European-continental system, e.g. German law, whose provisions and legal regulations can serve the goal of improving and more effectively applying whistleblowing in domestic practice. In the concluding remarks, the paper outlines potential directions for further improvement of this anti-corruption mechanism, whose practical use would encourage the labour social peace and the rule of law and legal state. Protecting whistleblowers from reprisals they might suffer for reporting illegal and harmful acts and events in the public interest is one of the most important things a state can do to fight corruption. The desired effect of protection is multiple. Since the fear of consequences is one of the most common reasons for not reporting corruption, by providing protection from harmful legal and factual moves of the other party, whistleblowers are encouraged to still share their knowledge with whoever can solve the problem. Protection is not an end in itself. It is a means for public institutions and private companies, state control bodies and the entire interested public to become aware of a danger and to engage the available resources to eliminate that danger. When it comes to corruption, at this level, the protection of whistleblowers serves to ensure that as many cases as possible are discovered and reported, and then effectively investigated. Knowing that this system works effectively not only has a positive effect on detecting cases of existing corruption, but also preventively.