Time to reconsider Strasbourg’s whistleblower case law
/On October 2019, the EU adopted Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law (Directive) following the proposal for a Directive introduced by the Commission on April 2018. The new approach taken in the Directive to protect whistleblowers differs from the concept developed by the European Court of Human Rights (ECtHR). In its case law on freedom of expression, the Strasbourg Court generally expects whistleblowers to report grievances first within the organisation and it applies a good faith and a public interest test. In contrast, to be protected as a whistleblower, these elements are not required by the Directive.
Read More