Current state of play
The chart below shows the score of each indicator. You may change the sorting order by clicking on Ascending or Descending. You may also filter the data by clicking on the country name.
Average
Highest Score
Average, 2021
Indicator 1. The availability of the respective hotline channels or other trustful mechanisms to a civil servant who believes that an order received from a direct superior is illegal or unethical is determined by a statute. The civil servant should be advised through the given mechanism whether the given conduct would constitute a criminal offence, misdemeanour or any other offence as well as whether the case could be reported to the competent public prosecution office or police. In that context, the civil servant has a statutory right to ask anonymously for advice.
In order to provide the respective hotline channels or other trustful mechanisms advising and guiding subordinates how to react in case when they believe that an order received from a direct superior is improper, it is important that the availability of such mechanisms to a civil servant is determined by a statute. That implies the statutory right of a civil servant to ask anonymously for advice.
Summary
None of the statutes adequately provide for the availability of the trustful mechanisms to advise and guide a civil servant who believes that a received superior order is unlawful or unethical. The Kosovo law is the most advanced as it stipulates that a public servant who “has any doubt on the illegality” of such orders has to promptly inform the supervisor of the person issuing the order.