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这是自由吗?欧盟举报人保护指令的诞生

Is It Freedom? The Coming About of the EU Directive on Whistleblower Protection

Journal of Business Ethics · 2021
被引 30
人大 AABS 3

中文导读

以柏林与斯金纳关于消极自由的讨论为理论框架,通过分析欧盟举报人保护指令制定过程中的文件与平台讨论,揭示举报自由如何与公共利益和自主权相关联。

Abstract

Abstract In November 2019 the EU Whistleblower Directive came into force. Whistleblowing has been described as a human right and a freedom fundamental to democracy. But it is not always straightforward to understand concrete cases of reporting wrongdoing in terms of abstract political philosophy. This paper uses a discussion between Berlin and Skinner about what negative freedom is, as a theoretical framework to understand the struggles of a campaigning platform of trade unions and civil society organizations, in the coming about of the EU Whistleblower Directive. The paper is empirically based on a document analysis of two Resolutions in the European Parliament, the European Commission’s proposal text, the approved text in the European Parliament, and messages on the listserv of the campaigning platform between February 2017 and April 2019. The paper provides insights on how whistleblowing freedom relates to public interest and autonomy.

商业伦理政治学欧盟法律公共管理社会学