Acta Universitatis Danubius. Juridica, Vol 13, No 1 (2017)

Whistleblowing – a Mechanism for Collecting Data on Non-Compliance with the Principles of Administrative Law in Order to Mitigate Risks

Balan Emil, Iulia Cospanaru

Abstract


Clear, consistent and predictable rules applicable to the administrative activities of the EU institutions, as well as deepening the EU integration are crucial in order to create a European administrative space. Building on the need to achieving this goal, the paper analyses the object, the procedure applicable, the legal regime and the safeguards granted to whistleblowers, as well as the role of the whistleblowing as a preventive or risk mitigation mechanism for those situations in which non-compliance with the principles of administrative law may affect the validity of documents, the performance of the legal competencies of the institution or citizens` rights. It raises awareness on risks and costs of non-compliance with the principles of the administrative law and good administration standards, as well as on the vulnerabilities and effects it can generate. The document also places whistleblowing in the context of control mechanism available for verifying the compliance of concrete administrative activities with these principles, as a solution to identify and retrieve breaches from within the institution. To draw conclusions, this paper builds on the above analysis and the current Romanian good practice in the field, and frames a series of recommendations for improving the procedure applicable to whistleblowing.


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