Improper superior orders
Standard 5 : The disciplinary offences and procedures adequately support and strengthen the protection with regard to unlawful and unethical superior orders

Standard 5 : The disciplinary offences and procedures adequately support and strengthen the protection with regard to unlawful and unethical superior orders

The statute should set out disciplinary offences and procedures which will adequately support and strengthen the protection regarding improper superior orders. Those offences include the non-execution of improper superior orders and their knowingly issuance. The later can be committed by any superior including persons performing the tasks of senior management and heads of administrative bodies.

Summary

All of the analysed countries, with two exceptions, are mostly not in line with the standard stating that disciplinary offences and procedures adequately support and strengthen the protection regarding improper superior orders. While the legal framework of the BiH shows some departures from the standard, the normative solutions in the Federation of the BiH are fully not in line with the standard.

ALB BIH KOS MNE MKD AVG
Improper order issued by a superior
2
2
0
0
0
0.8
Improper order issued: senior management
2
2
0
0
0
0.8
Graded non-execution of superior orders
2
2
0
1
2
1.4
Guarantees of disciplinary proceedings
3
1
2
2
2
2

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

Improper order issued by a superior Improper order issued: senior management Graded non-execution of superior orders Guarantees of disciplinary proceedings