Nudge Theory and Legal Protection of Whistleblowers

The issue of whistleblower protection has been gaining more attention in recent years, especially after the passing of Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report breaches of Union law. However, there is a fundame...

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Автор: Jakubiec Marek
Формат: Стаття
Мова:English
Опубліковано: Sciendo 2023-12-01
Серія:Studies in Logic, Grammar and Rhetoric
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Онлайн доступ:https://doi.org/10.2478/slgr-2023-0032
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author Jakubiec Marek
author_facet Jakubiec Marek
author_sort Jakubiec Marek
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description The issue of whistleblower protection has been gaining more attention in recent years, especially after the passing of Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report breaches of Union law. However, there is a fundamental question as to whether the regulations are sufficient to provide real protection for whistleblowers in organizations. In this regard, it seems crucial that the various actors (legislators, managers, employees) work together to create an appropriate social environment. In this context, it is worth considering the use of knowledge of human decision-making processes, with particular emphasis on the possibility of modifying choice architecture and influencing decisions without imposing specific solutions. Nudging can be used in the “foreground” of legal regulation, by adjusting the social environment in such a way that legal regulation can work effectively. The paper provides an introduction to the application of nudge theory in the context of legal protection of whistleblowers.
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spelling doaj.art-f985ca91d415428da107141e85775e3f2024-03-18T10:29:37ZengSciendoStudies in Logic, Grammar and Rhetoric2199-60592023-12-0168155557110.2478/slgr-2023-0032Nudge Theory and Legal Protection of WhistleblowersJakubiec Marek01Faculty of Law and Administration, Jagiellonian UniversityThe issue of whistleblower protection has been gaining more attention in recent years, especially after the passing of Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report breaches of Union law. However, there is a fundamental question as to whether the regulations are sufficient to provide real protection for whistleblowers in organizations. In this regard, it seems crucial that the various actors (legislators, managers, employees) work together to create an appropriate social environment. In this context, it is worth considering the use of knowledge of human decision-making processes, with particular emphasis on the possibility of modifying choice architecture and influencing decisions without imposing specific solutions. Nudging can be used in the “foreground” of legal regulation, by adjusting the social environment in such a way that legal regulation can work effectively. The paper provides an introduction to the application of nudge theory in the context of legal protection of whistleblowers.https://doi.org/10.2478/slgr-2023-0032nudge theorywhistleblowingethics of nudgingeffectiveness of legal regulation
spellingShingle Jakubiec Marek
Nudge Theory and Legal Protection of Whistleblowers
Studies in Logic, Grammar and Rhetoric
nudge theory
whistleblowing
ethics of nudging
effectiveness of legal regulation
title Nudge Theory and Legal Protection of Whistleblowers
title_full Nudge Theory and Legal Protection of Whistleblowers
title_fullStr Nudge Theory and Legal Protection of Whistleblowers
title_full_unstemmed Nudge Theory and Legal Protection of Whistleblowers
title_short Nudge Theory and Legal Protection of Whistleblowers
title_sort nudge theory and legal protection of whistleblowers
topic nudge theory
whistleblowing
ethics of nudging
effectiveness of legal regulation
url https://doi.org/10.2478/slgr-2023-0032
work_keys_str_mv AT jakubiecmarek nudgetheoryandlegalprotectionofwhistleblowers