Governing by protection: Studying the problematization of whistleblower protection in the EU

Abstract

Despite the proliferation of whistleblower protection legislation across the world, increasingly scholars report that these laws fail to fully protect the whistleblower. In this paper, I direct attention to the politics of whistleblower protection and suggest that the Foucauldian concept of problematization can help to clarify how legal regulation is involved in the exercise of political power. I situate my study in the EU context and the Whistleblower Protection Directive drawing on Carol Bacchi’s WPR approach. The study finds, that by mobilizing the engagement of workers in law enforcement, whistleblower protection works as a technology of power to rectify the problematics of EU government. I conclude by reflecting on the ethico-political implications of governmentalizing whistleblower protection in advanced liberal democracies.