Improper Superior Orders: An analysis of the regulatory frameworks in selected Western Balkan countries
Improper Superior Orders: An analysis of the regulatory frameworks in selected Western Balkan countries

Author(s): Vesna B. Ćorić
Subject(s): Law, Constitution, Jurisprudence, Business Ethics
Published by: Institut za uporedno pravo
Keywords: Integrity; Improper Superior Orders; Public Administration; International Criminal Law; Obedience Crimes; Civil servants; Legal protection; Western Balkans; Business ethics
Summary/Abstract: A public sector employee quite often faces an important integrity dilemma – whether to follow a superior’s order or act in line with the law and his/her own conscience. The dilemma comes as a result of the existing contradictions between two potentially conflicting requirements. On one hand, public sector employees have to follow the orders received from their superiors and respect work discipline, since the public administration is a hierarchical organization. On the other hand, they should comply with laws, secondary legislation and rules of the Code of Conduct in their work, as it is a part of the requirement to perform their professional duties and the delegated tasks conscientiously and diligently. Within this chapter, the term “improper superior order” will be used as an umbrella term referring to both “unlawful” and “unethical” superior orders.

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