Compliance between disciplinary procedures and essential procedural principles

Expert review of legislation to check whether disciplinary procedures meet the following eight criteria: • They respect the presumption of innocence; • They ensure the right of civil servants to defend themselves against the charges and to submit their own version of the facts and evidence; • They ensure civil servants the right to use legal advice according to their choice, including union representatives; • They ensure the right to access the relevant documents that constitute the basis for the charges; • They ensure the right to grant a hearing, either orally or in writing, prior to any resolution issued by the disciplinary authority; • They ensure the right to appeal the decision of the disciplinary authority; • They ensure the right to be heard during appeal procedures; • The disciplinary procedure contains at least the following procedural steps, regulated in detail in legislation: a) initiation of the procedure; b) impartial investigation of the facts; c) hearing of the civil servant concerned and bodies involved in initiation of the procedure; and d) the decision and the review.

Compliance between disciplinary procedures and essential procedural principles

Yes
No
No data available / not assessed
All 8 criteria above are fulfilled (6 points)
All 8 criteria are fulfilled with the exception of the criterion regarding the right to use legal advice (3 points)
Fewer than 8 criteria are fulfilled (0 points)

Specific criteria met by disciplinary procedures

Criteria fulfilled: 8/8

Yes
No
No data available / not assessed
They respect the presumption of innocence
They ensure the right of civil servants to defend themselves against the charges and to submit their own version of the facts and evidence
They ensure civil servants the right to use legal advice according to their choice, including union representatives
They ensure the right to access the relevant documents that constitute the basis for the charges
They ensure the right to grant a hearing, either orally or in writing, prior to any resolution issued by the disciplinary authority
They ensure the right to appeal the decision of the disciplinary authority
They ensure the right to be heard during appeal procedures
The disciplinary procedure contains at least the following procedural steps, regulated in detail in legislation: a) initiation of the procedure; b) impartial investigation of the facts; c) hearing of the civil servant concerned and bodies involved in initiation of the procedure; and d) the decision and the review