The adequacy of civil service legislation to uphold basic principles related to disciplinary procedures

Expert review of legislation. The legislation should contain at least the following five provisions: • An explicit statement of civil servants’ obligations; • A statement that a breach of their obligations by civil servants should lead to disciplinary proceedings; • A list of disciplinary sanctions which is exhaustive and contains a sufficient range of sanctions; • A clear statement of the principle of proportionality (between the gravity of wrongdoing and the disciplinary sanction); • A statement of circumstances that aggravate or extenuate disciplinary sanctions (e.g. the position of civil servant, the level of responsibility, past disciplinary record, past performance, intentionality/wilfulness to commit deliberately, having undertaken efforts to repair the damage, force majeure, consequences of violation). The analysis of legislation will be supplemented by the assessment of two sources of quantitative data: • The percentage of disciplinary procedures by type of offence (number of disciplinary procedures finalised in the latest full calendar year by type of offence, divided by the total number of procedures finalised in the same year, multiplied by 100); • The percentage of disciplinary sanctions by type (number of disciplinary sanctions in the latest full calendar year by type of offence, divided by the total number of disciplinary sanctions in the same year, multiplied by 100). This data relates to the central government administration only. It does not directly influence the point allocation but provides useful contextual analysis. Point allocation: • 4 points = the legislation contains all 5 provisions. • 2 points = the legislation contains 4 of the 5 provisions. • 0 points = the legislation contains fewer than 4 of the provisions.

Provisions contained by the legislation

Criteria fulfilled: 5/5

Yes
No
No data available / not assessed
An explicit statement of civil servants’ obligations
A breach of their obligations by civil servants should lead to disciplinary proceedings
A list of disciplinary sanctions which is exhaustive and contains a sufficient range of sanctions
A clear statement of the principle of proportionality (between the gravity of wrongdoing and the disciplinary sanction)
A statement of circumstances that aggravate or extenuate disciplinary sanctions (e.g. the position of civil servant, the level of responsibility, past disciplinary record, past performance, intentionality/wilfulness to commit deliberately, having undertaken efforts to repair the damage, force majeure, consequences of violation)

Percentage of disciplinary procedures by type of offence (%)

Number of disciplinary procedures finalised in the latest full calendar year by type of offence, divided by the total number of procedures finalised in the same year, multiplied by 100.

Albania, 2021

Percentage of disciplinary sanctions by type

Number of disciplinary sanctions in the latest full calendar year by type of offence, divided by the total number of disciplinary sanctions in the same year, multiplied by 100.

Albania, 2021