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Slovak Whistleblowing Law after Revision – a Step Forward?
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In this chapter, the authors try to analyse the main aspects of the new Slovak Act on whistleblower protection No. 54/2019 Coll. Firstly, the authors highlight the fact that although Slovakia has a specialized Act regulating whistleblowing, other applicable legislation exists, as well. As it turns out, the antidiscrimination legislation still plays an important role, as the new Slovak Act does not cover all cases of whistleblowing protection. Furthermore, the authors analyse the personal and material scope of the provided protection and contemplate the connection between the definition of the whistleblower and the protection provided pursuant to the new Act. With regards to the material scope of protection, the act distinguishes between two kinds of anti-social activities depending on their severity. As it turns out, protection pursuant the new Act is provided only to whistleblowers reporting more serious anti-social activities. In other cases, the antidiscrimination legislation is the only platform for protection of such notifiers. Lastly, the new Act establishes both internal and external channels for reporting anti-social activities, with the new established Office for the Protection of Whistleblowers playing an important role. Although the Office is more or less only an administrative and monitoring body, it also grants specialized ex ante and ex post protection directly in labour law employer-employee relations and closely cooperates with relevant authorities competent for investigating criminal or administrative offences.
Associate Professor at the Department of International Law and European Law, Faculty of Law, Trnava University. In his research, he deals with European Union law, EU competition law and anti-discrimination law. He is the chair of the Administrative Board of the Slovak National Centre for Human Rights, which is the Slovak equality body and the National Human Rights Institution (NHRI) in the Slovak Republic.
Lecturer at the Department of Labour Law and Social Security Law, Faculty of Law, Trnava University. She completed her doctoral studies at the Department of Civil Law and Commercial Law in 2019 with a thesis titled “Restitution after Termination and Invalidity of Contracts”. In her academic and professional work, she focuses mainly on the issue of non-contractual obligations, especially unjustified enrichment and liability, primarily liability for damage.
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