Quality of the disciplinary system

The legislation establishes disciplinary proceedings in cases of breach of duty of public servants

Review of legislation that applies to the sub-group of public servants of the central government administration with direct participation in the exercise of public authority and duties designed to safeguard the general interest of the state. Only the general civil service law and\or public service law, if it applies to this group of public servants, is analysed. Special legislation applying to public administration bodies in the central government administration, if it exists, is not considered. Provisions of the labour law are only considered if there is an explicit reference to them in the general legislation on the public /civil service regarding relevant aspects to assess this criterion, or if the labour law is the general law regulating employment in the public service. Legislation must include a list of duties for public servants and an explicit statement that a breach of duties is subject to disciplinary procedures. Legislation must apply at least to public servants with direct participation in the exercise of public authority and duties designed to safeguard the general interest of the state.

Disciplinary procedures comply with basic procedural principles

Review of legislation that applies to the sub-group of public servants of the central government administration with direct participation in the exercise of public authority and duties designed to safeguard the general interest of the state. Only the general civil service law and\or public service law, if it applies to this group of public servants, is analysed. Special legislation applying to public administration bodies in the central government administration, if it exists, is not considered. Provisions of the labour law are only considered if there is an explicit reference to them in the general legislation on the public /civil service regarding relevant aspects to assess this criterion, or if the labour law is the general law regulating employment in the public service. Determine whether provisions on disciplinary procedures fulfil all the following elements: a. Respect the presumption of innocence. b. Ensure the right of public servants to defend themselves against the charges and to submit their own version of the facts and evidence. c. Ensure public servants the right to use legal advice according to their choice, including union representatives. d. Ensure the right to access the relevant documents that constitute the basis for the charges. e. Ensure the right to grant a hearing, either orally or in writing, prior to any resolution issued by the disciplinary authority. f. Include a written decision of the disciplinary authority with a justification. Legislation must fulfil all the elements to score points.

Public servants have the right to appeal disciplinary decisions to the courts

The legislation establishes safeguards for the suspension of public servants from duty

Review of legislation that applies to the sub-group of public servants of the central government administration with direct participation in the exercise of public authority and duties designed to safeguard the general interest of the state. Only the general civil service law and\or public service law, if it applies to this group of public servants, is analysed. Special legislation applying to public administration bodies in the central government administration, if it exists, is not considered. Provisions of the labour law are only considered if there is an explicit reference to them in the general legislation on the public /civil service regarding relevant aspects to assess this criterion, or if the labour law is the general law regulating employment in the public service. Check if regulations of the suspension of public servants exercising public authority functions from duty fulfil the following elements: a. The grounds for suspension are limited to justified risks (e.g. if it can be demonstrated that there is a well-justified risk that pieces of evidence may be lost, that the presence of the incumbent public servant will significantly hamper the disciplinary procedure, or that his/her presence would be harmful to the reputation of the public service). b. They establish the consequences of the suspension in salaries and other benefits during the periods of suspension. c. They regulate the consequences in case of acquittal or of punishment of the public servant. Legislation must fulfil all the elements to score points.

Disciplinary sanctions totally or partially revoked by the courts and independent appeal bodies (%)

The number of final court decisions and independent appeal bodies decisions revoking totally or partially disciplinary sanctions to public servants in the central government administration divided by the total number of disciplinary sanctions in the same group of public servants, expressed as a percentage. Cases for which a final court ruling or a final decision of and independent appeal body is pending are excluded. Pending means also that the case was decided by a lower instance court or appeal body and was appealed to a higher instance court or the independent appeal body. Data on disciplinary sanctions issued by the central government administration is collected for the two full calendar years before the last full calendar year. Data on independent appeal bodies decisions and final court rulings relates to decisions revoking totally or partially disciplinary sanctions issued by central government administration bodies in the two full calendar years before the last full calendar year. If central data are not available, 0 points are awarded. For the purpose of assessing this criterion, independent appeal body means an appeal body independent from the government. Points are allocated based on the percentage of disciplinary decisions totally or partially revoked by the courts (x): • x > 30% = 0 points. • 30% ≥ x > 0% = linear function. • x = 0% = 6 points.