One Size Fits All? Handling Public Health and Environmental Risks in French Whistleblowing Legislation

French whistleblower legislation establishes a unified legal regime for the treatment of reports and for the protection of whistleblowers. Drawing on French whistleblower law, recently amended by the transposition of Directive 2019/1937 of 23 October 2019, this article examines whether the specific...

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Bibliographic Details
Published in:European journal of risk regulation 2024-06, Vol.15 (2), p.403-415
Main Author: Leclerc, Olivier
Format: Article
Language:English
Subjects:
Humanities and Social Sciences
Law
Online Access:Get full text
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Summary:French whistleblower legislation establishes a unified legal regime for the treatment of reports and for the protection of whistleblowers. Drawing on French whistleblower law, recently amended by the transposition of Directive 2019/1937 of 23 October 2019, this article examines whether the specific features of whistleblowing in relation to public health and environmental risks are adequately addressed by this unified regime. The article identifies four key factors for the effective handling of whistleblowing relating to public health and the environment: (1) the possibility of protecting whistleblowers who report facts gathered outside the workplace; (2) the possibility of protecting legal persons as whistleblowers; (3) the possibility of carrying out in-depth investigations to characterise the reality of the risks reported; and (4) the possibility of archiving whistleblowing in order to detect weak signals of risks over the long term. In these four areas, the article provides a nuanced diagnosis of the situation in French law and offers suggestions for improvement.
ISSN:1867-299X
2190-8249
DOI:10.1017/err.2023.14