Standard 2 : The set of obligations to be taken by a civil servant when he/she believes that an order received from a superior is illegal or unethical is clearly set out in the statute

There should be the clearly prescribed set of statutory obligations which civil servants should fulfil if they believe that orders received from superiors are either unlawful or unethical.

Summary

All the analysed statutes do not clearly introduce civil servants’ obligations in case when they believe that a received order is improper. The statutes of the BiH and the Federation of the BiH show some departures from the standard. The statutes of Kosovo and North Macedonia demonstrate the significant departures, while those the Republic of Srpska are mostly not in line with the standard.

ALB BIH KOS MNE MKD AVG
Obligation to warn a superior
3
2
1
3
2
2.2
Requiring from a superior to repeat
3
2
1
1
0
1.4
Obligation to report in writing
3
2
2
0
2
1.8

Current state of play

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Average
Highest Score

Average, 2021

Obligation to warn a superior Requiring from a superior to repeat Obligation to report in writing