Indicator 2. External mechanisms providing sanctions against violators of the respective rules are clearly set out in the statute (e.g. an administrative instance and the court)

It is important that a national statute sets out external mechanisms (e.g. administrative instance and the court) which provide sanctions in case when civil servants’ rights are threatened or denied as a result of their refusal to comply with an improper superior order.

Summary

The analysed legal frameworks do not establish external complaint mechanisms to provide effective protection for civil servants whose rights are threatened or denied as a result of refusal to comply with any kind of improper order. The exceptions are the anti-corruption law of North Macedonia (which designates the State Anti-Corruption Commission as the competent body in that regard) and Albanian Commissioner for oversight of the civil service who acts as an inspectorate responsible for the observance of the implementation of civil service legislation.

Current state of play

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Average, 2021

ALB BIH KOS MNE MKD