Legal protection of the whistleblowers

• Author: Marieta Safta
• Position: University of Bucharest, Romania
• Pages: 98-106

Legal protection of the whistleblowers

Associate professor Marieta SAFTA

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Abstract

The importance of prevention in the fight against corruption is indisputable.

However, prevention is effective and sustainable if it works, meaning that tools and strategies

that are fit to achieve this goal need to be identified. The regulation of persons who give

integrity warnings (whistleblowers) and, in this context, their legal protection are part of

efforts to identify such instruments. The present study reveals aspects of the evolution of

regulation for those who give integrity warnings in Romania and the world in an attempt to

identify solutions for this instrument itself to become effective in preventing corruption.

Keywords: public alert; National Anticorruption Strategy; defend against

corruption; integrity.

JEL Classification: K14, K23.

1. Introduction

By Government Decision no. 583/2016

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approved the National Anti-

Corruption Strategy 2016-2020 (hereinafter referred to as NAS), together with the

sets of performance indicators, the risks associated with the objectives and measures

of the strategy and the sources of verification, the inventory of institutional

transparency measures and the prevention of corruption, evaluation indicators, and

public disclosure standards. The strategy is based on the conclusions of the Ministry

of Justice's assessment of the implementation of the National Anti-Corruption

Strategy 2012-2015 (NAS), as well as the conclusions and recommendations of the

independent SIA evaluation report 2012-2015.

One of the principles of NAS is that of preventing corruption and integrity

incidents, according to which early identification and timely removal of the

prerequisites for the occurrence of corruption are priority and imperative. According

to this principle, both public and private institutions need to be diligent in evaluating

partners, agents and contractors. Each entity should assess the risks of bribery

associated with entering into a partnership or contracting agreements with other

entities, and then be required to carry out periodic risk assessments. When

concluding partnerships or contractual arrangements, they must verify that those

organizations have policies and procedures that are in line with these principles and

guidelines.

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Marieta Safta – Faculty of Law, „Titu Maiorescu” University of Bucharest, Romania,

marietasafta@yahoo.com.

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published in the Official Gazette of Romania, Part I, no. 644 of 23 August 2016.