Legal Status of Whistle-Blowers in the Republic of Serbia: from Fragmented Protection of Civil Servants to the Fullscale Protection Model

Abstract

The role of a whistle-blower is most commonly taken on by an employee, whose duty of loyalty to the employer is in confl ict with disclosure of the employer’s wrongdoing. This requires a balance between the interests of the parties to the employment relationship, on the one hand, and the public interest, on the other hand. It was taken into account in Serbian law when defi ning the legal status of whistle-blowers, from the fragmented protection of civil servants to the adoption of the Law on Protection of Whistle-blowers (2014). After elaboration of the evolution of protection, authors identify and analyze essential elements of the whistle-blowing concept, as well as its basic functions in Serbian and foreign law. This is followed by critical re-evaluation of the key aspects of protection of whistle-blowers in the legislation and case law of the Republic of Serbia (the circle of protected persons, motives for disclosure of information, damaging actions, the burden of proof and the gradual approach in whistle-blowing). The conclusion is that Serbia has achieved a slow but steady progress in the legal protection of whistle-blowers, and that there is need for further improvement, since certain legal solutions may separate the guarantee of protection of whistle-blowers from the purpose for which it was established.

Keywords

• whistle-blower, public interest, employer’s retaliation, republic of serbia