Legal protection of the whistleblowers

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

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.... (see full summary)

 
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Legal protection of the whistleblowers
Associate professor Marieta SAFTA
1
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
2
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.
1
Marieta Safta Faculty of Law, „Titu Maiorescu” University of Bucharest, Romania,
marietasafta@yahoo.com.
2
published in the Official Gazette of Romania, Part I, no. 644 of 23 August 2016.

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