Improper superior orders
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
Indicator 1. A civil servant who believes that an order received from a direct superior is unlawful or unethical is obliged by a statute to warn a direct superior.

Indicator 1. A civil servant who believes that an order received from a direct superior is unlawful or unethical is obliged by a statute to warn a direct superior.

The national statute should clearly set out the obligation that a civil servant who believes that an order received from a direct superior is improper shall warn a direct superior.

Summary

Montenegro includes a statutory obligation of civil servants to warn a direct superior if they believe that a received order is unlawful or unethical. On the other hand, in the BiH, North Macedonia and Albania similar statutory obligation is in place although limited to scenarios where a civil servant believes that a received order is unlawful but not unethical.

Current state of play

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Average, 2021

ALB BIH KOS MNE MKD