La tutela del whistleblower tra etica e pragmatismo. La logica premiale del modello statunitense: un modello da importare?

Abstract

In the long-standing discussion on the functions and purposes of comparative law, the possible improvement of national law deserves particular attention. Moreover, the study of foreign rights can be a prerequisite for any reforms of national law, in order to "see which is the best, the most suitable".

Assuming that in our legal system the protection of the whistleblower is struggling to take off for a whole series of reasons (first of all for a cultural resistance, but also for the fear of a distorted use of the institution), we must ask ourselves if it is not necessary a reform of the current regulatory framework, especially considering that Italy has not yet implemented the Community Directive 2019/1937 concerning the protection of persons who report violations of Union law, despite the deadlines expiring in December 2021.