Luxleaks and the Good Faith Whistleblower

The cassation trial in the « Luxleaks » case, in which whistleblower Antoine Deltour is challenging the Luxembourg Court of Appeal’s decision to convict him to a 12-month suspended sentence for having leaked 10.000 pages of documents about tax avoidance schemes in Luxembourg , is set to start on November 23. This trial will once again test the ability of the current case-law of the European Court of Human Rights to provide whistleblowers with effective protection.

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Leaked Transparency and Whistleblowers

The ability of organisational insiders to speak up and disclose information in the public interest is at the core democratic values. It seems paradoxical then to punish and prosecute those who actively practice them. The time is ripe to establish a legal framework with clear requirements for protected disclosure that affords a wide protection to individuals who expose wrongdoing in the public interest.

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