Discussion on the European Court of Human Rights’ Decision in the Case of Halet v. Luxembourg and Its Implications

The decision in the case of Halet v. Luxembourg can be considered quite crucial in the field of whistleblowing, as it significantly redefines the conditions and procedure for granting protection to whistleblowers within the meaning of the Article 10 of the European Convention on Human Rights, while...

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Published in:Societas et Iurisprudentia
Main Author: Vojtěch Hanzal
Format: Article
Language:Czech
Published: Trnava University, Faculty of Law 2023-09-01
Subjects:
Online Access:http://sei.iuridica.truni.sk/archive/2023/03/SEI-2023-03-Studies-Hanzal-Vojtech.pdf
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author Vojtěch Hanzal
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description The decision in the case of Halet v. Luxembourg can be considered quite crucial in the field of whistleblowing, as it significantly redefines the conditions and procedure for granting protection to whistleblowers within the meaning of the Article 10 of the European Convention on Human Rights, while expanding the range of cases where protection can be granted. However, the consequence of this decision is also a significant reduction of predictability, for both the whistleblowers themselves as well as for the persons whose conduct is reported. This paper aims to analyse the decision itself, to define its rudimentary argumentative elements and to discuss issues arising from the decision, as well as the possible effects that the decision may have on the application practice.
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spelling doaj-art-e360494a8a684f3a8dd39ed7a5d2b7d02025-08-19T22:10:38ZcesTrnava University, Faculty of LawSocietas et Iurisprudentia1339-54672023-09-01113566910.31262/1339-5467/2023/11/3/56-69Discussion on the European Court of Human Rights’ Decision in the Case of Halet v. Luxembourg and Its ImplicationsVojtěch Hanzal0https://orcid.org/0009-0002-4927-7169Charles University in Prague, Prague, Czech RepublicThe decision in the case of Halet v. Luxembourg can be considered quite crucial in the field of whistleblowing, as it significantly redefines the conditions and procedure for granting protection to whistleblowers within the meaning of the Article 10 of the European Convention on Human Rights, while expanding the range of cases where protection can be granted. However, the consequence of this decision is also a significant reduction of predictability, for both the whistleblowers themselves as well as for the persons whose conduct is reported. This paper aims to analyse the decision itself, to define its rudimentary argumentative elements and to discuss issues arising from the decision, as well as the possible effects that the decision may have on the application practice.http://sei.iuridica.truni.sk/archive/2023/03/SEI-2023-03-Studies-Hanzal-Vojtech.pdfeuropean laweuropean convention on human rightseuropean court of human rightsfreedom of expressionwhistleblowingcase of halet v. luxembourgluxleaks
spellingShingle Vojtěch Hanzal
Discussion on the European Court of Human Rights’ Decision in the Case of Halet v. Luxembourg and Its Implications
european law
european convention on human rights
european court of human rights
freedom of expression
whistleblowing
case of halet v. luxembourg
luxleaks
title Discussion on the European Court of Human Rights’ Decision in the Case of Halet v. Luxembourg and Its Implications
title_full Discussion on the European Court of Human Rights’ Decision in the Case of Halet v. Luxembourg and Its Implications
title_fullStr Discussion on the European Court of Human Rights’ Decision in the Case of Halet v. Luxembourg and Its Implications
title_full_unstemmed Discussion on the European Court of Human Rights’ Decision in the Case of Halet v. Luxembourg and Its Implications
title_short Discussion on the European Court of Human Rights’ Decision in the Case of Halet v. Luxembourg and Its Implications
title_sort discussion on the european court of human rights decision in the case of halet v luxembourg and its implications
topic european law
european convention on human rights
european court of human rights
freedom of expression
whistleblowing
case of halet v. luxembourg
luxleaks
url http://sei.iuridica.truni.sk/archive/2023/03/SEI-2023-03-Studies-Hanzal-Vojtech.pdf
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