Improper superior orders
Standard 5 : The disciplinary offences and procedures adequately support and strengthen the protection with regard to unlawful and unethical superior orders

Standard 5 : The disciplinary offences and procedures adequately support and strengthen the protection with regard to unlawful and unethical superior orders

The statute should set out disciplinary offences and procedures which will adequately support and strengthen the protection regarding improper superior orders. Those offences include the non-execution of improper superior orders and their knowingly issuance. The later can be committed by any superior including persons performing the tasks of senior management and heads of administrative bodies.

Summary

ALB BIH KOS MNE MKD AVG
Indicator 1. A specific disciplinary or misdemeanor offence amounting to knowingly issuing unlawful or unethical orders by a superior, including a high-ranking officer is set out in a statute
No data
0
0
1
0
0.25
Indicator 2. A specific disciplinary offence amounting to knowingly issuing unlawful or unethical orders by persons performing the tasks of senior management and heads of administrative bodies is set out in a statute
No data
0
0
1
0
0.25
Indicator 3. A statute determines disciplinary offences for non-execution of superior orders that are graded depending on the severity of a particular conduct
No data
0
0
0
0
0
Indicator 4. The statutory provisions ensuring needed guarantees of impartiality and objectivity of the disciplinary proceedings conducted against a minister or persons performing the tasks of senior management as well as heads of administrative bodies are set out in a statute
No data
1
0
2
0
0.75

Current state of play

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Average
Highest Score

Average, 2021

Indicator 1. A specific disciplinary or misdemeanor offence amounting to knowingly issuing unlawful or unethical orders by a superior, including a high-ranking officer is set out in a statute Indicator 2. A specific disciplinary offence amounting to knowingly issuing unlawful or unethical orders by persons performing the tasks of senior management and heads of administrative bodies is set out in a statute Indicator 3. A statute determines disciplinary offences for non-execution of superior orders that are graded depending on the severity of a particular conduct Indicator 4. The statutory provisions ensuring needed guarantees of impartiality and objectivity of the disciplinary proceedings conducted against a minister or persons performing the tasks of senior management as well as heads of administrative bodies are set out in a statute