Improper superior orders
Standard 1 : It is ensured that civil servants are made aware that following an improper order of a superior is prohibited

Standard 1 : It is ensured that civil servants are made aware that following an improper order of a superior is prohibited

It is important to ensure that civil servants are made aware that following an improper superior order is prohibited.

Summary

ALB BIH KOS MNE MKD AVG
Indicator 1. Clear prohibition for a civil servant not to follow an improper order is provided for in the statute
No data
1
2
2
0
1.25
Indicator 2. Clear prohibition for a civil servant not to follow an order whose execution would constitute a breach of international criminal law
No data
0
2
2
1
1.25
Indicator 3. There is an unambiguous statutory rule stipulating that a civil servant following an unlawful or unethical order from a superior will be held individually accountable
No data
1
0
0
0
0.25
Indicator 4. The applicable disciplinary and misdemeanour framework does not create any confusion with regard to prohibition to follow an unlawful or unethical order from a superior
No data
2
0
0
0
0.5
Indicator 5. The constitutional legal framework clearly provides for direct applicability of ratified international treaties, international customary law and peremptory norms of international law
No data
0
2
1
0
0.75

Current state of play

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Average
Highest Score

Average, 2021

Indicator 1. Clear prohibition for a civil servant not to follow an improper order is provided for in the statute Indicator 2. Clear prohibition for a civil servant not to follow an order whose execution would constitute a breach of international criminal law Indicator 3. There is an unambiguous statutory rule stipulating that a civil servant following an unlawful or unethical order from a superior will be held individually accountable Indicator 4. The applicable disciplinary and misdemeanour framework does not create any confusion with regard to prohibition to follow an unlawful or unethical order from a superior Indicator 5. The constitutional legal framework clearly provides for direct applicability of ratified international treaties, international customary law and peremptory norms of international law