Author: Nino Tsukhishvili
The goal of the study is to evaluate the regulation and court practice regarding the whistleblowers in civil service. The first part of the article discusses the legal regulation of whistleblowers on the basis of the comparison between the legal norms of Georgia and different countries.
The second part of the article consists of the analysis of the practice of the European Court of Human Rights regarding the freedom of expression of civil servants. As a conclusion, the article presents the main direction and recommendations for improving the legislation and practice regarding whistleblowers in Georgia.
Based in the comparative analysis of the legal and court practices regarding the protection of whistleblowers, we can conclude that the balance between the freedom of expression of civil servants and their loyalty to the country can be achieved by adopting clear, unambiguous and detailed legal norms that will be in accordance with the best international practices and the standards of the European Court of Human Rights.
Georgia, as a country that has signed the Human Rights and Freedoms European Convention, has a responsibility to guarantee the implementation of the standards of freedom of expression of the civil servants, established by the European Court of Human Rights, in its legislation and court practice. The Georgian government should maintain the balance between the freedom of expression of civil servants and their national loyalty, which should be assessed in each case based on the proportionality test developed by the European Court of Human Rights.
The enactment of whistleblowers in Georgia is dependent on the legislative vase and court practice, which will be in accordance with international standards. For the proper functioning of this system, it is important that the civil servants and the general public be fully informed about the concept and goals of whistleblowers, as well as their importance in the process of creation of an accountable and transparent civil service.
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