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Whistling in the void: The Whistleblowing Directive as a case study on why the direct effects doctrine and infringement proceedings fail to enforce Union law and how to fix it

Simon Gerdemann

European Law Journal2025https://doi.org/10.1111/eulj.70009article
ABDC B
Weight
0.37

Abstract

The European Whistleblowing Directive is one of the most consequential acts of Union law in the last decade and has created lasting effects across the European Union. After almost all Member States have failed to meet the transposition deadline of 17 December 2021, the limits of a Directive's direct effects as a means to enforce Union law have once again become apparent both to the public as well as on an institutional level. The following analysis will outline the consequences, costs and complications caused by late transposition, why the traditional approach of EU institutions towards Member States' deliberate inaction falls within a temporal void of the enforcement of Union law and how changing the method of calculating sanctions in infringement proceedings could address the problem.

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https://doi.org/https://doi.org/10.1111/eulj.70009

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@article{simon2025,
  title        = {{Whistling in the void: The Whistleblowing Directive as a case study on why the direct effects doctrine and infringement proceedings fail to enforce Union law and how to fix it}},
  author       = {Simon Gerdemann},
  journal      = {European Law Journal},
  year         = {2025},
  doi          = {https://doi.org/https://doi.org/10.1111/eulj.70009},
}

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Whistling in the void: The Whistleblowing Directive as a case study on why the direct effects doctrine and infringement proceedings fail to enforce Union law and how to fix it

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Evidence weight

0.37

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.16 × 0.4 = 0.06
M · momentum0.53 × 0.15 = 0.08
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.