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

In order to ensure that civil servants are made aware that following an improper superior order is prohibited, it is important that the applicable disciplinary and misdemeanour framework does not create any confusion with regard to such a prohibition.

Summary

There is no applicable disciplinary and misdemeanour framework which clearly addresses the prohibition to obey to unlawful and unethical superior order. However, the BiH law may be considered exemplary since it contains both misdemeanor and disciplinary offences adequately addressing issues related to unlawful orders, thus avoiding any confusion about the scope of the given prohibition.

Current state of play

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Average, 2021

ALB BIH KOS MNE MKD