Indicator 5. The constitutional legal framework clearly provides for direct applicability of ratified international treaties, international customary law and peremptory norms of international law

In order to ensure that civil servants are made aware that following an improper superior order is prohibited, the constitutional legal framework should clearly provide for direct applicability of ratified international treaties, international customary law and peremptory norms of international law.

Summary

The constitutional provisions of Montenegro, Kosovo and Albania explicitly provide for the direct applicability of ratified international treaties, while the constitutions of other analysed countries do provide for the direct applicability of ratified international treaties in national law, although they do so in a rather implicit manner.

Current state of play

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Average, 2021

ALB BIH KOS MNE MKD