LIMITELE CADRULUI LEGAL PRIVIND PROTECȚIA AVERTIZORULUI DE INTEGRITATE
THE LIMITS OF LEGAL FRAMEWORK ABOUT PROTECTION OF WHISTLEBLOWER

Summary/Abstract: The article proceeds from the analysis of the legal provisions regarding the protection of whistleblowers, existing at the moment in Romania, and summarizes the main forms of protection, their limits and their connection with the international documents in the domain, as well as the field of application of these forms of protection. We have a review of the change, occurred at European level, in the way of viewing the issue of reporting the irregularities and its implications in restraining the practices that can embezzle the role of public institutions or endanger the welfare of citizens. The assumption that it started from is that the phenomenon of corruption is something that poses a threat to the national security of Romania, as well as to the security of the European Union. To limit this phenomenon, it is required to have well-established mechanisms in place through which people who are employed in public institutions and authorities be able to report any side-slips within them, so that the acts of corruption to be discovered, sanctioned, but also to apply efficient measures of prevention. The analysis also includes the obligations that every manager has, regardless of the hierarchical level, in relation to facilitating the reporting of the irregularities by his subordinates. Encouraging the warning indicators regarding the integrity is an integral part of the internal/managerial control standards and it is considered to be a measure of prevention in the documents on strategies in the field of anticorruption. Integrity warning is a useful tool for preserving the democratic values and restraining corruption and it can be improved according to the evolution of society.

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