Legal status of whistle-blowers in the republic of Serbia: from fragmented protection of civil servants to the full-scale protection model
Апстракт
The role of a whistle-blower is most commonly taken on by an employee, whose duty of loyalty to the employer is in conflict with disclosure of the employer's wrongdoing. This requires a balance between the interests of the parties to the employment relationship, on the one hand, and the public interest, on the other hand. It was taken into account in Serbian law when defining the legal status of whistle-blowers, from the fragmented protection of civil servants to the adoption of the Law on Protection of Whistle-blowers (2014). After elaboration of the evolution of protection, authors identify and analyze essential elements of the whistle-blowing concept, as well as its basic functions in Serbian and foreign law. This is followed by critical re-evaluation of the key aspects of protection of whistle-blowers in the legislation and case law of the Republic of Serbia (the circle of protected persons, motives for disclosure of information, damaging actions, the burden of proof and the gradua...l approach in whistle-blowing). The conclusion is that Serbia has achieved a slow but steady progress in the legal protection of whistle-blowers, and that there is need for further improvement, since certain legal solutions may separate the guarantee of protection of whistle-blowers from the purpose for which it was established.
Кључне речи:
whistle-blower / Republic of Serbia / public interest / employer's retaliationИзвор:
Transylvanian Review of Administrative Sciences, 2018, 53E, 107-122Издавач:
- Babes-Bolyai Univ, Cluj-Napoca
DOI: 10.24193/tras.53E.7
ISSN: 1842-2845
WoS: 000426449400007
Scopus: 2-s2.0-85042745413
Институција/група
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Vuković, Igor AU - Kovačević, Ljubinka AU - Radović, Vuk PY - 2018 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1011 AB - The role of a whistle-blower is most commonly taken on by an employee, whose duty of loyalty to the employer is in conflict with disclosure of the employer's wrongdoing. This requires a balance between the interests of the parties to the employment relationship, on the one hand, and the public interest, on the other hand. It was taken into account in Serbian law when defining the legal status of whistle-blowers, from the fragmented protection of civil servants to the adoption of the Law on Protection of Whistle-blowers (2014). After elaboration of the evolution of protection, authors identify and analyze essential elements of the whistle-blowing concept, as well as its basic functions in Serbian and foreign law. This is followed by critical re-evaluation of the key aspects of protection of whistle-blowers in the legislation and case law of the Republic of Serbia (the circle of protected persons, motives for disclosure of information, damaging actions, the burden of proof and the gradual approach in whistle-blowing). The conclusion is that Serbia has achieved a slow but steady progress in the legal protection of whistle-blowers, and that there is need for further improvement, since certain legal solutions may separate the guarantee of protection of whistle-blowers from the purpose for which it was established. PB - Babes-Bolyai Univ, Cluj-Napoca T2 - Transylvanian Review of Administrative Sciences T1 - Legal status of whistle-blowers in the republic of Serbia: from fragmented protection of civil servants to the full-scale protection model EP - 122 IS - 53E SP - 107 DO - 10.24193/tras.53E.7 UR - conv_2938 ER -
@article{ author = "Vuković, Igor and Kovačević, Ljubinka and Radović, Vuk", year = "2018", abstract = "The role of a whistle-blower is most commonly taken on by an employee, whose duty of loyalty to the employer is in conflict with disclosure of the employer's wrongdoing. This requires a balance between the interests of the parties to the employment relationship, on the one hand, and the public interest, on the other hand. It was taken into account in Serbian law when defining the legal status of whistle-blowers, from the fragmented protection of civil servants to the adoption of the Law on Protection of Whistle-blowers (2014). After elaboration of the evolution of protection, authors identify and analyze essential elements of the whistle-blowing concept, as well as its basic functions in Serbian and foreign law. This is followed by critical re-evaluation of the key aspects of protection of whistle-blowers in the legislation and case law of the Republic of Serbia (the circle of protected persons, motives for disclosure of information, damaging actions, the burden of proof and the gradual approach in whistle-blowing). The conclusion is that Serbia has achieved a slow but steady progress in the legal protection of whistle-blowers, and that there is need for further improvement, since certain legal solutions may separate the guarantee of protection of whistle-blowers from the purpose for which it was established.", publisher = "Babes-Bolyai Univ, Cluj-Napoca", journal = "Transylvanian Review of Administrative Sciences", title = "Legal status of whistle-blowers in the republic of Serbia: from fragmented protection of civil servants to the full-scale protection model", pages = "122-107", number = "53E", doi = "10.24193/tras.53E.7", url = "conv_2938" }
Vuković, I., Kovačević, L.,& Radović, V.. (2018). Legal status of whistle-blowers in the republic of Serbia: from fragmented protection of civil servants to the full-scale protection model. in Transylvanian Review of Administrative Sciences Babes-Bolyai Univ, Cluj-Napoca.(53E), 107-122. https://doi.org/10.24193/tras.53E.7 conv_2938
Vuković I, Kovačević L, Radović V. Legal status of whistle-blowers in the republic of Serbia: from fragmented protection of civil servants to the full-scale protection model. in Transylvanian Review of Administrative Sciences. 2018;(53E):107-122. doi:10.24193/tras.53E.7 conv_2938 .
Vuković, Igor, Kovačević, Ljubinka, Radović, Vuk, "Legal status of whistle-blowers in the republic of Serbia: from fragmented protection of civil servants to the full-scale protection model" in Transylvanian Review of Administrative Sciences, no. 53E (2018):107-122, https://doi.org/10.24193/tras.53E.7 ., conv_2938 .