The activity of whistleblowers, individuals identifying and reporting any signs of irregularities occurring within organizations, can be traced back to ancient times. Of course, it wasn't a legally regulated institution, but since the 5th century BC, the practice of providing authorities with information about thefts, other crimes, and inappropriate social phenomena was already common in Athens. Over time, these individuals acquired the name sycophants and began reporting professionally, earning considerable income. Then, in the Middle Ages, an intensive fight against corruption began, and the institution of qui tam was established, a person prosecuting for both personal gain and the benefit of the king. In exchange for informing the authorities, the latter was rewarded from funds seized in connection with the individual's improper activities. The position of whistleblowers was systematically addressed only in the 7th century in the United States, where they were rewarded from a portion of the fine imposed on fraudsters. The first known whistleblowers were U.S. sailors who reported the misconduct of Continental Navy Commodore Esk Hopkins and then signed a petition to the Continental Congress, highlighting their commander's actions and abuses. Ultimately, they gained the support of the authorities. In 1778, the Continental Congress passed the first act directly addressing the designated institution, known as the world's first whistleblower protection act. The False Claim Act, passed in 1863 and still in effect today, expanded upon and emphasized the importance and necessity of protecting whistleblowers. This was further reinforced by the False Claim Act, which allowed whistleblowers to receive a portion of government compensation in exchange for their actions.
The history of whistleblowers in Poland, however, is not very long – the problem of the lack of protection for individuals reporting irregularities in the workplace or other organizations is primarily highlighted by case law. Due to the various whistleblower protection mechanisms in place in European Union countries, which often fail to adequately address the issue, Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of EU law was developed. The implementation of the directive's provisions into the legislation of EU Member States has been significant in most Member States, but to date, the directive has not been implemented into the Polish legal system.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of September 27, 2023
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