The Whistleblower as Watchdog of Democratic Values: the Halet Case Before the ECtHR
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Abstract
Whistleblowers play a crucial role in democratic systems by exposing wrongdoing, corruption and abuses of power within government institutions, corporations, or other organizations. Their actions promote transparency, accountability and the public interest by disclosing information that would otherwise remain hidden. Recently, an international consensus has emerged, advocating for strong-er safeguards to protect these vital contributors to democratic societies. Since 2008, the European Court of Human Rights (ECtHR) has recognised the protection of whistleblowers under Article 10 of the European Convention on Human Rights, as established in the landmark case Guja v. Moldo-va. In response to the evolving international legal framework for whistleblower protection, the EC-tHR has «grasp the opportunity» to refine its jurisprudence on public interest disclosures. The Grand Chamber ruling in the case of Halet v. Luxembourg on February 14, 2023, provides an im-portant development in this regard. This essay examines the role of whistleblowers in modern de-mocracies and analyses the relevant developments in ECtHR case-law regarding the right to free-dom of expression. It highlights that in Halet the Court has moved towards enhanced protection of whistleblowers while emphasising the relevance of striking a fair balance between States’ legitimate aims and individual freedom of expression
Keywords
- freedom of expression
- Art. 10 ECHR
- whistleblowers
- public interest disclosures
- pro-portionality
- international practices