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 |