The practical implementation of the European Union whistleblower directive into Maltese law, and issues arising therefrom

Abstract

The main objective of this dissertation is to conduct an in-depth analysis of all the amendments made to the Protection of the Whistleblower Act Chapter 527 of the Laws of Malta. Additionally, the practical issues that have arisen as a result of the implementation of the European Union (EU) Directive 2019/1937 of the European Parliament and of the Council of Europe on 23 October on the protection of persons who report breaches of Union law. This dissertation introduces whistleblowing, by providing a comprehensive definition of the subject and emphasising the significance of legislation in this domain. The consequences of inadequate protection provided by the State are emphasised, supported by reference to relevant case law from foreign jurisdictions and Malta. The analysis of the historical development of whistleblowing legislation in Malta, from fragmented laws to the establishment of specific legislation will be explained. Additionally, it will also include an examination of the influential role played by the Council of Europe, which served as a catalyst for the EU to legislate in this area through the creation of the Directive. The conclusion of this analysis is that while there have been much-needed amendments to Maltese legislation for potential whistleblowers, there is also need for stricter legislation to improve accountability, transparency, and ethical governance in both the public and private sectors. A Maltese society that encourages, supports, and values whistleblowing as a mechanism for exposing wrongdoing and promoting integrity in society requires continuous improvement and commitment to best practices. It is the responsibility of Malta's legal framework to ensure that the compass for whistleblowing is reliable and robust.