DISCIPLINARY PROCEEDINGS IN THE UNITED NATIONS

Abstract

With regard to the liability of public servants in Europe we can distinguish between the English, French and German models, based on the traditions of these legal systems. In addition, the influence of the European Union is gaining ground, although it cannot directly regulate the public service law of the Member States on the basis of Articles 152 and 153 para. 5 of the Treaty on the Functioning of the European Union, it can formulate recommendations and sectoral regulations independently.

It is a common European practic therefore, for disciplinary liability to serve as a means of counterbalancing the prerogatives associated with the civil service, so that in each case the culpable breach stands in the focus. None of the regulations seeks to define disciplinary offenses in an exhaustive manner, and it is up to the disciplinary authority or council to decide, in the individual case, whether or not a conduct falls within this scope, taking into account the circumstances.