Whistleblowing and corruption - Legislation on whistleblowing in Albania

• Author: Marbona Cuka
• Position: Faculty of Law, University of Tirana
• Pages: 94-101

Vol. 2 No. 2

July 2016

Academic Journal of Business, Administration, Law and Social Sciences

IIPCCL Publishing, Tirana-Albania

ISSN 2410-3918

Acces online at www.iipccl.org

94

Whistleblowing and corruption - Legislation on whistleblowing in Albania

Marbona Cuka

Faculty of Law, University of Tirana

Abstract

Thesameconcept onwhistleblowingis describeddierentlyin dierentcountriescarrying

negativeneutralor positiveconnotationsMain objectiveofthisresearchpaper istooera

comprehensive view on international instruments on whistleblower protection and their in-

uenceonthedraingofthenewAlbanianWhistleblowerProtectionLaw

Asignicantamountofknowledgeabouthiddenformsofwrongdoingisbasedonthereports

of whistleblowers, which means that whistleblowing plays a vital role in providing informa-

tion that would otherwise have remained behind closed doors in a cloud of secrecy.

Peoplewho revealcorruption frominsidetheir organizationare oenfacedwith disbelief

anger and opposition; they are considered traitors who gave away internal secrets to the out-

side world.

Itis extremelydicult tobreak thewallsofsilenceand tocome forwardwith information

knowing that such an action will seriously damage one’s reputation, collegiality, friendships

and the trust of others. This is why whistleblowing is so remarkable: it discloses information

not only about misconduct, but also about the strong ties and the solidarity between the par-

ties that are directly or indirectly involved. Whistleblowers may have their personal motives,

but they also have a lot to lose. They will need to overcome their fears, accept the conse-

quences of their actions and be ready to face opposition, threats and exclusion. Their decisions

areinuencedbyallsortsofsituationalfactorsaswellasbyemotionsdailyexperiencesand

personal contacts.

Over the last twenty years, criminological research on whistleblowing has focused on the ex-

periences, motivation and decision-making processes preceding the decision to reveal wrong-

doingsaswell asontheimpactof thenegativeconsequences andtheineectiveness ofthe

response to the allegations of whistleblowers.

The whistleblowers criminological aspects and the relation between whistleblowing and his

importancetopreventandghtthecorruptionisanotherissueelaborateinthispaper

This research paper also aims to give some advice on how we can overcome challenges and

obstacles during the Albanian whistleblower law implementation in practice.

Research methodology used in this paper consists on a comparison of several international

instruments and reports on whistleblower protection.

Keywords: whistleblowing, corruption, international legislation, criminological aspects.

Introduction

Therearemany competingdenitionsofwhistleblowinginthesocialsciencesThe

termitselfisaributedtoRalphNaderwhodenedawhistleblowerasapersonto

whomthepublicinterestoverridestheinterestoftheorganizationwhichheserves

andasa resultthispersonpublicallyblowsthewhistleoncorruptactivityfraud