Current state of play
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Average
Highest Score
Average, 2021
Indicator 3. A civil servant who believes that an order received from a direct superior is unlawful or unethical is required by a statute to directly report in writing all details of the case to designated persons within the institution regardless of the fact whether the respective unlawful or unethical order was received in a written or unwritten 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 is required to directly report in writing all details of the case to designated persons within the institution. That obligation shall exist regardless of the fact whether the respective improper order was received in a written or unwritten form.
Summary
None of the analysed legal frameworks fully introduced the statutory obligation of civil servants to directly report in writing to a designated person all details of the case pertaining to an unlawful or unethical superior order regardless of the fact whether the respective order was received in a written or unwritten form, with the exception of Montenegro.