Il whistleblowing europeo e italiano nel panorama comparato: un “invito” al private enforcement senza l’incentivo dei meccanismi di reward

European and Italian Whistleblowing in a Comparative Perspective: An "Invitation" to Private Enforcement Without the Incentive of Reward Mechanisms

Abstract

This article explores whistleblowing as a private enforcement tool in legal systems, comparing its development in common law jurisdictions (United States and United Kingdom) with its adoption in Europe, particularly in Italy. While common law systems incentivize whistleblowing through financial rewards, the European framework, shaped by the 2019 Whistleblowing Directive, prioritizes protection against retaliation. The Italian implementation reflects this approach but raises concerns about its effectiveness in fostering reporting, especially in the private sector. The absence of financial incentives may limit whistleblowing's impact compared to common law jurisdictions. This study critically examines the legal transplant’s limitations and its implications for regulatory efficiency and transparency.

Keywords: Whistleblowing; Private Enforcement; Reward Mechanisms; Legal Transplant; Retaliation Protection