Improper superior orders
Standard 3 : The safe and confidential mechanism is determined by a statute in order to advise and guide a subordinate how to react in case when he/she believes that an order received from a direct superior is unlawful or unethical

Standard 3 : The safe and confidential mechanism is determined by a statute in order to advise and guide a subordinate how to react in case when he/she believes that an order received from a direct superior is unlawful or unethical

It is important to determine the safe and confidential mechanism by a statute which will advise and guide subordinates how to react in case when they believe that a received superior order is either unlawful or unethical.

0 0.5 1 1.5 2 2.5 3 Indicator 1. The availability of the respective...Indicator 2. The qualifications of the staff of...
Average, 2021
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Summary

ALB BIH KOS MNE MKD AVG
Indicator 1. The availability of the respective hotline channels or other trustful mechanisms to a civil servant who believes that an order received from a direct superior is illegal or unethical is determined by a statute. The civil servant should be advised through the given mechanism whether the given conduct would constitute a criminal offence, misdemeanour or any other offence as well as whether the case could be reported to the competent public prosecution office or police. In that context, the civil servant has a statutory right to ask anonymously for advice
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Indicator 2. The qualifications of the staff of the respective hotline channels or other trustful mechanisms are specified by secondary legislation. Their staff is qualified to advise on, inter alia, whether certain superior order is unlawful or unethical. The staff is also qualified to advise on whether the certain order complies with international human rights, international criminal law and humanitarian law.
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Current state of play

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Average, 2021

Indicator 1. The availability of the respective hotline channels or other trustful mechanisms to a civil servant who believes that an order received from a direct superior is illegal or unethical is determined by a statute. The civil servant should be advised through the given mechanism whether the given conduct would constitute a criminal offence, misdemeanour or any other offence as well as whether the case could be reported to the competent public prosecution office or police. In that context, the civil servant has a statutory right to ask anonymously for advice Indicator 2. The qualifications of the staff of the respective hotline channels or other trustful mechanisms are specified by secondary legislation. Their staff is qualified to advise on, inter alia, whether certain superior order is unlawful or unethical. The staff is also qualified to advise on whether the certain order complies with international human rights, international criminal law and humanitarian law.