Whistleblowing - A Comparative Study

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Protection and Support for Whistleblowers: The Cypriot Experience

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for a lex specialis that would apply equally to the private sector is paramount. The dichotomy of protection between public and private sector is stark and the private sector seems to be unnecessarily and unjustifiably overlooked. In addition, the protection in the public sector is limited to cases concerning bribery and corruption, thus excluding any other variations of illegal activity, while at the same time the emphasis of the system is placed on the employee quality. Moreover, the procedural aspects of protection to public sector whistleblowers are founded on the written submission of information, with the law requiring an amendment to expressly enable oral communications and unanimity. Finally, the system needs to be supported with auxiliary provisions relating to the status of whistleblowers and to mechanisms for faster communication with the authorities both internally and externally to the organization concerned. Therefore, the hierarchy of protective intensity whereby the internal situations prevail over external situations, the public sector worker is protected in a more complete and comprehensive manner than an employee in the private sector, need to be eradicated through centralization and streamlining of the legislation. The legal changes that would be resulting in favoring whistleblowers can find their source in the European influence (EU, Council of Europe) and will need to dominate over the social debate as to the need for furthering the phenomenon of whistleblowing.

Bibliography Apostolou GN (1990) Defamation & Privacy Laws in the Republic of Cyprus. http://apostoloulaw. com/pdf_Defamation_Article.pdf. Accessed 10 December 2014 Apostolou GN (1992) Defamation & Privacy Laws in the Republic of Cyprus. http://apostoloulaw. com/pdf_Defamation_Article.pdf. Accessed 10 December 2014 Committee on Legal Affairs and Human Rights, Council of Europe’s Parliamentary Assembly, The Protection of Whistleblowers, (Doc.12006, 2009); See also Recommendation of Parliamentary Assembly 1916 (2010) Protection of “whistle-blowers” Council’s Group of States Against Corruption (GRECO). See, eg the “Second Evaluation of Compliance Report on Cyprus” (2008) Recommendation 30 et seq., http://www.coe.int/t/dghl/ Accessed 10 monitoring/greco/evaluations/round2/GrecoRC2(2008)1_Cyprus_EN.pdf. December 2014 Office of the Law Commissioner, “Answers to Issues/Questions submitted to the Government of Cyprus Regarding Fourth and Fifth Periodic Report (1998–2007) on the Implementation of the ICSECR”, (March 2009). http://www.olc.gov.cy/olc/olc.nsf/0/0aa954e8aee4b23bc225758d00 1bf48b/$FILE/Answers%20to%20Issues%20-%20Questions.pdf. Accessed April 2015 Poly Pantelides, (2011, 28 July 2011) “Time to Legalize Whistleblowing”, Cyprus Mail Interview. http://www.thefreelibrary.com/‘It’s+time+to+legalise+whistleblowing’.-a0262673773 . Accessed 10 December 2014 Public Service Law, Law 1/90, art 69A and Parts VI and VII. See also 369 Criminal Code and The Law on the General Principles of Administrative Law, Law 158/99. Rohde-Liebenau B (2006) Whistleblowing Rules: Best Practice; Assessment and Revision of Rules Existing in EU Institutions, European Parliament, Directorate General Internal Policies of the Union, Budgetary Support Unit, Budgetary Affairs. http://www.europarl.europa.eu/document/ activities/cont/200907/20090728ATT59162/20090728ATT59162EN.pdf. Accessed 10 Dec 2014


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STAR Sample Procedure (2010

6min
pages 331-336

Annex 2

9min
pages 341-346

Annex 1

5min
pages 337-340

of Whistle-Blowing Legislation in the United States

1hr
pages 279-328

Legal Material

2min
pages 329-330

and Other Whistleblowers in the Republic of Slovenia

36min
pages 263-278

13 Romania: First Steps to Whistleblowers’ Protection

47min
pages 243-262

from the Perspective of a Country Without Specific Legislation

19min
pages 235-242

and Case Law Dagmara Skupień

32min
pages 221-234

10 Country Report: The Kingdom of the Netherlands

40min
pages 203-220

A Personal View and Analysis David Fabri

34min
pages 187-202

6 Whistleblowing: National Report for France

1hr
pages 125-154

5 Whistleblowing: National Report for the Czech Republic

26min
pages 115-124

German Whistleblowing Law Between Conflicting Values

1hr
pages 155-180

The Cypriot Experience Constantinos Kombos

36min
pages 101-114

8 Whistleblowing: National Report for Ireland

16min
pages 181-186

3 The Protection of Whistleblowers in the Republic of Croatia

1hr
pages 73-100

Managing Disclosures by the “Up the Ladder” Principle

1hr
pages 33-72

Portugal: The Protection of the Whistleblower

1min
pages 12-13

The Whistleblowing Dilemma in Malta Continues

1min
pages 9-10

Financial Incentives and Truth-Telling: The Growth

42min
pages 15-32

Whistleblowing in Poland According to Legislation

1min
page 11

Duty to Loyalty, Fundamental Rights, and Public Policy

2min
pages 7-8

The Legal Response to Whistleblowing in Canada

0
page 2

Protection of Persons Reporting Corruption

0
page 14
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