The Central Elements of the Whistleblowing Legislations from Comparative Perspective
Date Issued
2018
Author(s)
Deanoska - Trendafilova, Aleksandra
DOI
http://www.univerzitetbezkorupcija.mk/%d0%b7%d0%b1%d0%be%d1%80%d0%bd%d0%b8%d0%ba-%d0%bd%d0%b0-%d1%82%d1%80%d1%83%d0%b4%d0%be%d0%b2%d0%b8-%d0%ba%d0%be%d1%80%d1%83%d0%bf%d1%86%d0%b8%d1%98%d0%b0-%d0%b2%d0%b8%d1%81%d0%be%d0%ba%d0%be/
Abstract
ABSTRACT
In this paper, the focal subject of interest is the whistleblowing
legislation method; precisely the elements each legislation needs to
cover and elaborate in a clear, precise and detailed manner. That is
conditio sine qua non, a prerequisite for efficient protection from
corruption and human rights violations and deprivation. Without solid
legal basis, the whistleblowers would not be adequately protected and
this system would not be implemented or give expected results. The
corruption is a serious and complex phenomenon that requires
multifaceted methodological approach for fight against. It is especially
met in areas of public interest, where education represents a part of.
The author lists and explains the central elements that whistleblowing
legislation has to cover, giving individual referral to several countries
and their respective legal solutions. The researches proved that since the
system is complex, a special law would be the best regulating method,
but not necessarily. Namely, ill practice is noted in some of the countries
assessed to have best legislation; and good practice and legislation has
been detected in countries that regulate this issue not in a separate, but
another legal act, usually the anti-corruption one. Further, the author
elaborates the Macedonian legislation - both the law and the by-laws,
concluding that it has all the necessary elements, but unfortunately still
has not been implemented. In the concluding remarks, the author gives
directions regarding the above-mentioned elements as well as
recommendations for the necessary trainings that need to be performed
for successful whistleblowers protection in practice.
In this paper, the focal subject of interest is the whistleblowing
legislation method; precisely the elements each legislation needs to
cover and elaborate in a clear, precise and detailed manner. That is
conditio sine qua non, a prerequisite for efficient protection from
corruption and human rights violations and deprivation. Without solid
legal basis, the whistleblowers would not be adequately protected and
this system would not be implemented or give expected results. The
corruption is a serious and complex phenomenon that requires
multifaceted methodological approach for fight against. It is especially
met in areas of public interest, where education represents a part of.
The author lists and explains the central elements that whistleblowing
legislation has to cover, giving individual referral to several countries
and their respective legal solutions. The researches proved that since the
system is complex, a special law would be the best regulating method,
but not necessarily. Namely, ill practice is noted in some of the countries
assessed to have best legislation; and good practice and legislation has
been detected in countries that regulate this issue not in a separate, but
another legal act, usually the anti-corruption one. Further, the author
elaborates the Macedonian legislation - both the law and the by-laws,
concluding that it has all the necessary elements, but unfortunately still
has not been implemented. In the concluding remarks, the author gives
directions regarding the above-mentioned elements as well as
recommendations for the necessary trainings that need to be performed
for successful whistleblowers protection in practice.
Subjects
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Deanoska Trendafilova, p.197, ISIE-Proceedings-Corruption-Higher-Eduaction-and-Whistleblowers.pdf
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