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“The Spirit of the Law”: Protecting Whistleblowers, Fighting Corruption
In a landmark move to uphold democratic values and promote transparency, Albania’s law on whistleblowing and whistleblower protection has been enacted to safeguard individuals who speak out against corrupt practices in both public and private sectors.
What’s in it for Albania?
By implementing this law, Albania seeks to prevent and combat corruption, a major obstacle to economic development and social justice. The legislation also promotes accountability, transparency, and good governance, ultimately benefiting citizens and the country as a whole.
When is whistleblowing protected?
To be eligible for protection, whistleblowers must report improprieties through the appropriate procedure and have a clean and honest motive with evidence to support their claims. They must also demonstrate “reasonable cause” for making the disclosure, which means being sure that an act of corruption has occurred or is likely to occur.
What constitutes reasonable cause?
Before blowing the whistle, individuals must be certain about two things:
- That a corrupt act has taken place, is taking place, or is likely to take place;
- And that they are driven by public interest rather than personal intentions or disgruntlement. Mere suspicion is not enough, as it can waste valuable resources.
Can whistleblowing be initiated from personal interest?
No, the law requires whistleblowers to act in good faith with a genuine intention to expose corruption, not for personal gain or revenge.
What happens when whistleblowing is not in good faith?
If a whistleblower’s motives are questionable, such as seeking personal gain or revenge against an institution, their report may be deemed invalid and not protected by the law.
The appropriate procedure: reporting corrupt practices
To ensure effective protection, whistleblowers must report improprieties to the responsible unit within public institutions or private enterprises in the proper form. In cases where this is not possible, they can turn to the High Inspectorate for the Declaration and Audit of Assets and Conflicts of Interest.
By enacting this law, Albania demonstrates its commitment to promoting transparency, accountability, and good governance. The spirit of this legislation inspires confidence among citizens and encourages individuals to come forward with information that can help combat corruption and bring about positive change.