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When Security Overrides Transparency: The National Security Clause in Whistleblower Protection (Polish and EU Perspective)

Author

Listed:
  • Grześków Małgorzata

    (Faculty of Law, Administration and Economics, University of Wrocław, Poland)

Abstract

This article examines how the undefined concept of “national security” in both the EU Whistleblower Protection Directive and the Polish Whistleblower Protection Act complicates the application of whistleblower safeguards. It highlights the practical challenges authorities face in determining when the national security exclusion applies, and calls for clear criteria and procedures to balance transparency and whistleblower protection with legitimate national interests. The article argues that the vague nature of this exception in both EU and Polish laws generates legal uncertainty and may enable Member States to circumvent whistleblower protections without adequate justification. The Polish Whistleblower Protection Act excludes disclosures related to national security, particularly those that would violate legal confidentiality. Court of Justice of the European Union jurisprudence, however, requires that such exclusions be grounded in a concrete threat to fundamental state interests. This creates a significant interpretive burden for administrative and judicial authorities, undermining legal certainty and consistent application of the law.

Suggested Citation

  • Grześków Małgorzata, 2025. "When Security Overrides Transparency: The National Security Clause in Whistleblower Protection (Polish and EU Perspective)," Central European Journal of Public Policy, Sciendo, vol. 19(2), pages 77-86.
    • Handle: RePEc:vrs:cejopp:v:19:y:2025:i:2:p:77-86:n:1003
    DOI: 10.2478/cejpp-2025-0007
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    References listed on IDEAS

    as
    1. Kevin M. Murphy & Robert H. Topel, 2013. "Some Basic Economics of National Security," American Economic Review, American Economic Association, vol. 103(3), pages 508-511, May.
    2. Murphy, Kevin M. & Topel, Robert H., 2013. "Economics of National Security: Some Basic Economies of National Security," Working Papers 249, The University of Chicago Booth School of Business, George J. Stigler Center for the Study of the Economy and the State.
    3. Murphy, Kevin M. & Topel, Robert H., 2013. "Some Basic Economics of National Security," Working Papers 252, The University of Chicago Booth School of Business, George J. Stigler Center for the Study of the Economy and the State.
    Full references (including those not matched with items on IDEAS)

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    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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