Los retos de la protección de las personas informantes en España tras la aprobación de la Ley 2/2023: un derecho en vías de consolidación
On February 20, 2023, Law 2/2023 on the regulation of the protection of individuals reporting regulatory infringements and combating corruption was approved, thereby transposing Directive 2019/1937 on the protection of persons reporting breaches of Union law. The purpose of this study is to highligh...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2023
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=9038863 |
| Source: | Revista española de la transparencia, ISSN 2444-2607, Nº. 17 (Extra 2023), 2023 |
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| Summary: |
On February 20, 2023, Law 2/2023 on the regulation of the protection of individuals reporting regulatory infringements and combating corruption was approved, thereby transposing Directive 2019/1937 on the protection of persons reporting breaches of Union law. The purpose of this study is to highlight the inappropriate transposition process of this Directive, especially most critical aspects covered by this law. Consecutively, the margin for improvement required by some of its precepts is undertaken, which not only compromises the effectiveness of the legal act of the European Union, but also raises doubts concerning ownership of national and sectoral legislation. Finally, some gaps with regard to the objective and subjective scope of this Spanish law are identified, with a faithful reflection of those national legislations that are more consolidated with the aim to propose some answers as a *lege ferenda* on the future reform of the law. |
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