Indicator 2. A civil servant who believes that an order received from a direct superior is unlawful or unethical is bound by a statute to require from a direct superior to repeat it in a written form.

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 require from a direct superior to repeat it in a written form.

Summary

The statutory obligation of civil servants to require from superiors to repeat received orders in a written form if they believe that it is unlawful or unethical is not fully in place in analysed countries. While the BiH legislation includes the limited scope of that obligation, the laws of North Republic of Macedonia and Kosovo fully failed to include it. Albanian legislation is quite unique in this segment as well as it stipulates that a civil servant should request a written confirmation of the problematic order from the superior of the official who issued it.

Current state of play

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Average, 2021

ALB BIH KOS MNE MKD