The aim of this chapter is to take a general account of the past and current practices, experiences and challenges of whistleblowing legislation and whistleblower protection in Hungary. The emphasis will be put on the critical analysis of the currently effective regulatory environment of whistleblowing and whistleblower protection in Hungary, with specific regard to
{"title":"Whistleblowing in Hungary","authors":"A. Kun","doi":"10.18778/8220-639-5.07","DOIUrl":"https://doi.org/10.18778/8220-639-5.07","url":null,"abstract":"The aim of this chapter is to take a general account of the past and current practices, experiences and challenges of whistleblowing legislation and whistleblower protection in Hungary. The emphasis will be put on the critical analysis of the currently effective regulatory environment of whistleblowing and whistleblower protection in Hungary, with specific regard to","PeriodicalId":125402,"journal":{"name":"Towards a Better Protection of Workplace Whistleblowers in the Visegrad Countries, France and Slovenia","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117032260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Shortcomings in the Workplace Whistleblower Protection in France: What to Expect from the Transposition of Directive 2019/1937?","authors":"Gwenola Bargain","doi":"10.18778/8220-639-5.04","DOIUrl":"https://doi.org/10.18778/8220-639-5.04","url":null,"abstract":".","PeriodicalId":125402,"journal":{"name":"Towards a Better Protection of Workplace Whistleblowers in the Visegrad Countries, France and Slovenia","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129804448","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The aim of this chapter is to present selected problems related to the transposition into national law of the provisions of the Directive (EU) 2019/1937 which define the personal scope of its application. The author focuses on the prerequisites for recognising a given person as a whistleblower (reporting person) and including them in the circle of protected persons. Among other things, he considers issues related to the Directive’s departure from the recognition of acting in good faith and in the public interest as conditions for the protection of a whistleblower, as well as the relevance for the protection of a whistleblower of the obligation to report breaches existing in some national laws. He also argues that the relationship that whistleblowers enter into with the organisation affected by the whistleblow-ing, referred to in the English version as a “work-based relationship”, cannot be equated, as other language versions do, with an employment relationship. The author also proposes, following earlier postulates, to extend the personal scope of protection of facilitators. He also attempts to clarify the notion of “legal entity” as the main entity responsible for the creation and functioning of internal channels. He further postulates more complete regulation in national legislation of the rules of liability of entities responsible for fulfilling the obligations imposed by the Directive.
{"title":"Protection of Whistleblowers in the Workplace. Who Is Protected and Who Is Responsible under the Provisions of the EU Directive 2019/1937?","authors":"Zbigniew Hajn","doi":"10.18778/8220-639-5.03","DOIUrl":"https://doi.org/10.18778/8220-639-5.03","url":null,"abstract":"The aim of this chapter is to present selected problems related to the transposition into national law of the provisions of the Directive (EU) 2019/1937 which define the personal scope of its application. The author focuses on the prerequisites for recognising a given person as a whistleblower (reporting person) and including them in the circle of protected persons. Among other things, he considers issues related to the Directive’s departure from the recognition of acting in good faith and in the public interest as conditions for the protection of a whistleblower, as well as the relevance for the protection of a whistleblower of the obligation to report breaches existing in some national laws. He also argues that the relationship that whistleblowers enter into with the organisation affected by the whistleblow-ing, referred to in the English version as a “work-based relationship”, cannot be equated, as other language versions do, with an employment relationship. The author also proposes, following earlier postulates, to extend the personal scope of protection of facilitators. He also attempts to clarify the notion of “legal entity” as the main entity responsible for the creation and functioning of internal channels. He further postulates more complete regulation in national legislation of the rules of liability of entities responsible for fulfilling the obligations imposed by the Directive.","PeriodicalId":125402,"journal":{"name":"Towards a Better Protection of Workplace Whistleblowers in the Visegrad Countries, France and Slovenia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130598654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"How to Improve the Protection of Employees-Whistleblowers in Slovenia by Implementing the EU Whistleblower Protection Directive","authors":"Darja Senčur Peček","doi":"10.18778/8220-639-5.05","DOIUrl":"https://doi.org/10.18778/8220-639-5.05","url":null,"abstract":"","PeriodicalId":125402,"journal":{"name":"Towards a Better Protection of Workplace Whistleblowers in the Visegrad Countries, France and Slovenia","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126533774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Slovak Whistleblowing Law after Revision – a Step Forward?","authors":"P. Varga, Veronika Zoričáková","doi":"10.18778/8220-639-5.10","DOIUrl":"https://doi.org/10.18778/8220-639-5.10","url":null,"abstract":"","PeriodicalId":125402,"journal":{"name":"Towards a Better Protection of Workplace Whistleblowers in the Visegrad Countries, France and Slovenia","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121504456","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Protection of Whistleblowers under Czech Law within the Context of the Directive on the Protection of Persons Who Report Breaches of Union law (2019/1937)","authors":"J. Morávek, Jan Pichrt","doi":"10.18778/8220-639-5.06","DOIUrl":"https://doi.org/10.18778/8220-639-5.06","url":null,"abstract":"","PeriodicalId":125402,"journal":{"name":"Towards a Better Protection of Workplace Whistleblowers in the Visegrad Countries, France and Slovenia","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131816926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Challenges in the Field of Whistleblower Personal Data Protection in Polish Law Compared to European Solutions","authors":"Edyta Bielak-Jomaa","doi":"10.18778/8220-639-5.09","DOIUrl":"https://doi.org/10.18778/8220-639-5.09","url":null,"abstract":"","PeriodicalId":125402,"journal":{"name":"Towards a Better Protection of Workplace Whistleblowers in the Visegrad Countries, France and Slovenia","volume":"269 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125205598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Workplace Whistleblower Protection in Poland: Current Situation and Perspectives","authors":"Dagmara Skupień","doi":"10.18778/8220-639-5.08","DOIUrl":"https://doi.org/10.18778/8220-639-5.08","url":null,"abstract":"","PeriodicalId":125402,"journal":{"name":"Towards a Better Protection of Workplace Whistleblowers in the Visegrad Countries, France and Slovenia","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131359921","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter presents the evolution of the Strasbourg case-law concerning the protection of whistleblowers, starting from the 2008 Guja v. Moldova judgment, and confronts the EU Directive’s provisions on public disclosure with the ECtHR’s relevant standard of interpretation of Article 10 of the Convention (the Guja’s six-element test). The work concludes that there exist certain divergencies between the Convention standard and Article 15 of the Directive and that somewhat confusing wording of the latter provision is likely to cause future interpretative malfunctions if one employs only grammatic interpretation of that provision while forgetting about the general function and scheme of the Directive.
{"title":"Interactions between the Interpretation of Article 10 ECHR and the EU Directive on the Protection of Whistleblowers","authors":"M. Górski","doi":"10.18778/8220-639-5.02","DOIUrl":"https://doi.org/10.18778/8220-639-5.02","url":null,"abstract":"This chapter presents the evolution of the Strasbourg case-law concerning the protection of whistleblowers, starting from the 2008 Guja v. Moldova judgment, and confronts the EU Directive’s provisions on public disclosure with the ECtHR’s relevant standard of interpretation of Article 10 of the Convention (the Guja’s six-element test). The work concludes that there exist certain divergencies between the Convention standard and Article 15 of the Directive and that somewhat confusing wording of the latter provision is likely to cause future interpretative malfunctions if one employs only grammatic interpretation of that provision while forgetting about the general function and scheme of the Directive.","PeriodicalId":125402,"journal":{"name":"Towards a Better Protection of Workplace Whistleblowers in the Visegrad Countries, France and Slovenia","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114758286","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Workplace Whistleblower Protection in the Visegrad Countries, France and Slovenia – Proposals for Changes","authors":"Zbigniew Hajn, Dagmara Skupień","doi":"10.18778/8220-639-5.11","DOIUrl":"https://doi.org/10.18778/8220-639-5.11","url":null,"abstract":"","PeriodicalId":125402,"journal":{"name":"Towards a Better Protection of Workplace Whistleblowers in the Visegrad Countries, France and Slovenia","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131263208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：