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Article
Publication date: 7 October 2019

Work-related whistle-blowing in democratic societies context: A comparative study of international, EU and Turkish law

Kadriye Bakirci

Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of…

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Abstract

Purpose

Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this paper is to analyse Turkish legislation which is applicable to work-related whistle-blowing, the conflict between the worker’s right to “blow the whistle” and the obligation to loyalty and confidentiality. The consequences of groundless or deliberate false disclosures are considered. Comparisons are made with international conventions, the COE Recommendation CM/Rec(2014)7 and the Proposed EU Directive on the Protection of Whistleblowers and ECtHR precedents.

Design/methodology/approach

In the first part, this paper reviews the definition of whistle-blowing and whistle-blower. The second part outlines the impact of international and EU Law on Turkish legislation. The third part reviews the Turkish legal framework applicable to whistle-blowing.

Findings

Whistle-blowing in the public interest is suggested as a tool to combat corruption worldwide. There is no doubt that some whistle-blowers have been beneficial to society. However without democratic structures to take into account the assessment of the quality of the information, the type of the disclosure and the category of the reporting person, there are downsides to excessive whistle-blowing. Therefore, whistle-blowing should be discussed in the context of democratic societies, and a balanced approach should be adopted to ensure the position of not only whistle-blowers but also the people affected by the reports.

Originality/value

The paper offers new insights into the limits of work-related whistle-blowing within the context of freedom of expression and the right of employees and public officials to petition. The protection of whistle-blowers and the consequences of groundless or deliberate false disclosures under Turkish Law from a comparative perspective are considered.

Details

Journal of Financial Crime, vol. 26 no. 4
Type: Research Article
DOI: https://doi.org/10.1108/JFC-09-2018-0090
ISSN: 1359-0790

Keywords

  • COE Recommendation CM/Rec(2014)/7
  • Obligation of workers to loyalty and confidentiality
  • Proposed EU directive on the protection of whistle-blowers
  • Protection of whistle-blowers
  • Turkish law on whistle-blowing
  • Work-related whistle-blowing

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Article
Publication date: 6 May 2020

An exploratory empirical study of whistleblowing and whistleblowers

Maria Krambia-Kapardis

The purpose of this study is to develop a profile of whistleblowers and to determine whether whistleblowing legislation would encourage those individuals to bring to light…

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Abstract

Purpose

The purpose of this study is to develop a profile of whistleblowers and to determine whether whistleblowing legislation would encourage those individuals to bring to light some illegal or unethical behaviour that otherwise would remain in the shadows.

Design/methodology/approach

Having identified whistleblowing correlation, a survey was carried out in Cyprus of actual whistleblowers and could-have-been whistleblowers.

Findings

Males between 46 and55 years of age, regardless of whether they have dependents or hold senior positions in organizations are significantly more likely to blow the whistle. However, could-have-been whistleblowers did not go ahead because they felt that the authorities would not act on their information.

Research limitations/implications

Because of the sensitive nature of the research topic and the fact that only whistleblowers or intended whistleblowers could participate in the study, the sample size is limited as a result. This, in turn, limits both the number of respondents in each category (actual and intended) as well as constrains the statistical analysis that could be carried out on the data.

Practical implications

It remains to be seen whether EU Member States shall implement the European Directive 2019/1937 on the protection of persons who report breaches of Union Law, in its entirety by the due date, namely December 2021.

Originality/value

This study provides a literature review of whistleblowing and reports an original survey against the backdrop of the European Directive.

Details

Journal of Financial Crime, vol. 27 no. 3
Type: Research Article
DOI: https://doi.org/10.1108/JFC-03-2020-0042
ISSN: 1359-0790

Keywords

  • Whistleblowing
  • European Directive
  • Profile of Whistleblowers

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Article
Publication date: 23 June 2020

OECD’s global principles and EU’s tax crime measures

Umut Turksen and Adam Abukari

This paper aims to investigate and provide pathways for leveraging the Organisation for Economic Cooperation and Development (OECD’s) Ten Global Principles (TGPs) for…

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Abstract

Purpose

This paper aims to investigate and provide pathways for leveraging the Organisation for Economic Cooperation and Development (OECD’s) Ten Global Principles (TGPs) for countering tax crimes in the EU.

Design/methodology/approach

The study is guided by the combination of traditional and innovative research methods drawn from criminal law and justice, public regulatory theory and tax law, based on socio-legal and comparative methodologies.

Findings

The research shows that EU has achieved considerable amount of progress when it comes to meeting the TGPs. However, law and practice in EU Member States indicate that there are different legal, human and organisational approaches to fighting tax crimes. The TGPs could be strategically applied to complementing the EU’s Fifth Anti-Money Laundering Directive (AMLD) and other initiatives on Administrative Cooperation.

Research limitations/implications

Although the TGPs appear encompassing, there are opportunities to harness the potency of these principles and to provide more tailored principles that can help engineer sustainable remedies for countering tax crimes in the EU.

Practical implications

The paper critically analyses, through a multidisciplinary approach, the main legal, human and organisational factors influencing the prosecution of tax crimes in the EU Member States.

Social implications

Realignment and harmonisation of tax enforcement paractices in the EU Member States thus help in the reduction of tax gap resulting from tax offences.

Originality/value

The paper provides novel approaches and findings based on empirical info obtained from face-to-face focus groups with end users and law enforcement agencies in tax enforcement eco-system in ten different EU Member States.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
DOI: https://doi.org/10.1108/JFC-09-2019-0118
ISSN: 1359-0790

Keywords

  • European Union
  • Tax crimes
  • Countering tax crimes
  • Ten Global Principles (TGPs)

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Article
Publication date: 1 June 2000

Does copyright have any future on the internet?

Charles Oppenheim

This paper considers whether copyright has a future in an electronic environment. A number of issues face copyright owners in the networked environment, most of them…

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Abstract

This paper considers whether copyright has a future in an electronic environment. A number of issues face copyright owners in the networked environment, most of them caused by the ease with which materials can be copied. Some relevant examples of legal cases are considered. Some responses to the stresses, in terms of both attitudes and legislation, such as the EU Database Directive and the EU Draft Directive on Copyright, are considered. It is concluded that copyright is unlikely to survive in its present form, and that attempts to strengthen it by means of increasing owner rights could be counterproductive. Innovative thinking and ideas are necessary, together with increased owner‐user co‐operation, if copyright is to survive.

Details

Journal of Documentation, vol. 56 no. 3
Type: Research Article
DOI: https://doi.org/10.1108/EUM0000000007116
ISSN: 0022-0418

Keywords

  • Internet
  • Copyright
  • European Union

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Article
Publication date: 1 December 2002

Individual statutory employment rights since 1997: constrained expansion

Linda Dickens

This article explores developments in statutory individual employment rights since the election of the Labour Government in 1997. It also discusses the mechanisms for the…

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Abstract

This article explores developments in statutory individual employment rights since the election of the Labour Government in 1997. It also discusses the mechanisms for the adjudication and enforcement of individual employment rights. There have been changes in the institutions and dispute settlement processes and procedures, although I argue that an opportunity for a radical re‐think was missed. There are continuities with Conservative thinking, as well as departures from it. Part of my argument is that policy is being based on a problematic representation of “the problem” of increased exercise of individual rights. There is also a neglect of the inter‐relationship between individual employment rights and collective representation at the workplace. The weakening of individual employment rights under previous Conservative Governments was achieved in part by weakening collective organization. Although the Labour Government has addressed the former by strengthening and expanding individual statutory rights, I argue that achievements are constrained by its seeming ambivalence towards the latter.

Details

Employee Relations, vol. 24 no. 6
Type: Research Article
DOI: https://doi.org/10.1108/01425450210453031
ISSN: 0142-5455

Keywords

  • Central government
  • Employee rights
  • Collective bargaining
  • United Kingdom

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Book part
Publication date: 30 March 2020

Worker and Organisational Protection: The Future of Whistleblowing in the Gig Economy

Catherine Hobby

Employment law recognised the value of whistleblowing with the enactment of the Public Interest Disclosure Act 1998, protecting a ‘worker’ against dismissal and…

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Abstract

Employment law recognised the value of whistleblowing with the enactment of the Public Interest Disclosure Act 1998, protecting a ‘worker’ against dismissal and victimisation. Whistleblowers are particularly vulnerable in the gig economy as they may fall outside the statutory definition of ‘worker’ for the purposes of the whistleblowing legislation. This makes a study of whistleblowing in the gig economy pertinent. This chapter explores the statutory definition of ‘worker’ with regard to the current whistleblowing provisions and considers the barriers it presents for gig workers. Judicial interpretation of the definition is examined through an analysis of recent case law that shows much inconsistency and a conflict of judicial approach. The resulting blurred boundaries of the legal term leave a gig worker uncertain as to the level of their protection for blowing the whistle. The need for reform to protect individuals in a wide range of working relationships is clear. It is argued that the new EU Whistleblowing Directive, in protecting ‘work-related activity’, provides better protection for all whistleblowers. The role of human rights in extending the status of work is also advanced. Finally, the implications of developments in this area for key stakeholders in the gig economy are considered highlighting the importance of creative new approaches to give voice to all workers.

Details

Conflict and Shifting Boundaries in the Gig Economy: An Interdisciplinary Analysis
Type: Book
DOI: https://doi.org/10.1108/978-1-83867-603-220201009
ISBN: 978-1-83867-604-9

Keywords

  • Whistleblowing
  • worker
  • gig work
  • Whistleblowing Directive
  • human rights

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Article
Publication date: 20 July 2012

Determinants of internal governance quality: evidence from Sweden

Peter Franck and Stefan Sundgren

The purpose of this paper is to assess whether ownership concentration, leverage and demand for equity financing is associated with internal corporate governance quality…

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Abstract

Purpose

The purpose of this paper is to assess whether ownership concentration, leverage and demand for equity financing is associated with internal corporate governance quality. The paper focuses on dimensions of governance quality that are related to financial reporting quality.

Design/methodology/approach

The authors measure internal governance quality by an indicator variable that takes on higher values depending on whether a company has an audit committee, has a sufficient number of audit committee meetings during the year, has financial expertise on the audit committee, has an internal auditing function, a risk management function, a code of conduct and whistle blower provisions in the code of conduct. The sample consists of 91 Swedish listed companies of which 39 companies had to follow the Swedish Corporate Governance Code. The development of hypotheses is based on agency theory. Ordered logistic regressions are used to test the hypotheses.

Findings

The paper finds a strong negative association between leverage and the internal governance quality score for companies that do not have to follow the Corporate Governance Code. The paper also finds a positive association between the governance quality score and dispersed ownership among companies that have to follow the code.

Research limitations/implications

The negative association between leverage and governance quality is opposite to the typical agency theory prediction. A number of other studies have also documented negative or insignificant associations with leverage in related settings. The research suggests there is a demand to develop theories related to leverage and the implementation of governance characteristics beyond the typical agency theory based predictions.

Practical implications

The results raise the question whether lenders more actively directly or indirectly should influence the governance quality of borrowers.

Originality/value

Based on the conjecture that governance quality increases with the number of governance elements, the paper studies a governance score that is built up by several elements of good corporate governance. Furthermore, the authors study a setting dominated by voluntary choices of governance quality, which makes it possible to study supply effects.

Details

Managerial Auditing Journal, vol. 27 no. 7
Type: Research Article
DOI: https://doi.org/10.1108/02686901211246796
ISSN: 0268-6902

Keywords

  • Internal control
  • Corporate governance
  • COSO
  • Agency theory
  • Ordinal logistic regression
  • Sweden
  • Financial reporting

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Article
Publication date: 1 February 1998

Fraud auditing

Rocco R. Vanasco

This paper examines the role of professional associations, governmental agencies, and international accounting and auditing bodies in promulgating standards to deter and…

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Abstract

This paper examines the role of professional associations, governmental agencies, and international accounting and auditing bodies in promulgating standards to deter and detect fraud, domestically and abroad. Specifically, it focuses on the role played by the US Securities and Exchange Commission (SEC), the American Institute of Certified Public Accountants (AICPA), the Institute of Internal Auditors (IIA), the Institute of Management Accountants (IMA), the Association of Certified Fraud Examiners (ACFE), the US Government Accounting Office (GAO), and other national and foreign professional associations, in promulgating auditing standards and procedures to prevent fraud in financial statements and other white‐collar crimes. It also examines several fraud cases and the impact of management and employee fraud on the various business sectors such as insurance, banking, health care, and manufacturing, as well as the role of management, the boards of directors, the audit committees, auditors, and fraud examiners and their liability in the fraud prevention and investigation.

Details

Managerial Auditing Journal, vol. 13 no. 1
Type: Research Article
DOI: https://doi.org/10.1108/02686909810198724
ISSN: 0268-6902

Keywords

  • Auditing
  • Auditing guidelines
  • Ethics
  • Fraud
  • International accounting

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Article
Publication date: 20 May 2020

Investigating risk disclosures in Italian integrated reports

James Guthrie, Francesca Manes Rossi, Rebecca Levy Orelli and Giuseppe Nicolò

The paper identifies the types of risks disclosed by Italian organisations using integrated reporting (IR). This paper aims to understand the level and features of risk…

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Abstract

Purpose

The paper identifies the types of risks disclosed by Italian organisations using integrated reporting (IR). This paper aims to understand the level and features of risk disclosure with the adoption of IR.

Design/methodology/approach

The authors use risk classifications already provided in the literature to develop a content analysis of Italian organisations’ integrated reports published.

Findings

The content analysis reveals that most of the Italian organisations incorporate many types of risk disclosure into their integrated reports. Organisations use this alternative form of reporting to communicate risk differently from how they disclose risks in traditional annual financial reporting. That is, the study finds that the organisations use their integrated reports to disclose a broader group of risks, related to the environment and society, and do so using narrative and visual representation.

Originality/value

The paper contributes to a narrow stream of research investigating risk disclosure provided through IR, contributing to the understanding of the role of IR in representing an organisational risk.

Details

Meditari Accountancy Research, vol. 28 no. 6
Type: Research Article
DOI: https://doi.org/10.1108/MEDAR-10-2019-0596
ISSN: 2049-372X

Keywords

  • Risk disclosure
  • Risk representation
  • Accounting for risk
  • Integrated reporting
  • EU directive 95/2014
  • Content analysis

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Expert briefing
Publication date: 22 March 2017

EU corruption fight passes to civil society and media

Location:
EU

The non-appearance of an expected EU anti-corruption report.

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Details

DOI: 10.1108/OXAN-DB219776

ISSN: 2633-304X

Keywords

Geographic
EU
EUR
Hungary
Poland
Romania
Croatia
France
Spain
Topical
economy
politics
social
corruption
government
party
reform
crime
fiscal
judicial
legislation
protest
public sector
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