Rule No. 1062 of 1 June 2001 establishing the rules of procedure of the Advisory Committee on Disputes1

Article 1 – Membership of the Committee  
Article 2 – Term of office  
Article 3 – Modus operandi  
Article 4 - Chair  
Article 5 – Replacement of a member  
Article 6 – Secretariat  
Article 7 – Time limits  
Article 8 – Third parties  
Article 9 – Opinion of the Advisory Committee on Disputes  
Article 10 – Transitional provision

The Secretary General,

HAVING REGARD to Rule No. 595 of 9 December 1981 establishing the Rules of Procedure of the Advisory Committee on Disputes,

HAVING REGARD to Rule No. 687 of 10 October 1985 amending the Rules of Procedure of the Advisory Committee on Disputes,

HAVING REGARD to Rule No. 1056 of 22 February 2001 amending the Rules of Procedure of the Advisory Committee on Disputes,

HAVING REGARD to Part VII of the Staff Regulations laying down the procedure for dealing with disputes,

CONSIDERING that it is necessary to amend the Rules of Procedure of the Advisory Committee on Disputes,

THE STAFF COMMITTEE having been consulted in conformity with Article 5, paragraph 3 of the Regulations on Staff Participation,

DECIDES AS FOLLOWS:

Rules No. 595, 687 and 1056 shall be revoked as of 1 July 2001 and replaced by the following provisions:

Article 1 – Membership of the Committee

1. The Advisory Committee on Disputes, hereinafter referred to as “the Committee”, shall consist of four members, two of whom shall be appointed by the Secretary General from among members of staff well acquainted with the running of the Organisation but excluding the Director General of Administration and Logistics and the Director General of Legal Affairs or any persons they may appoint to replace them, the Director of Human Resources and members of the Secretary General’s Private Office.

2. The other two shall be staff members elected by the staff under the same conditions as those governing election of the Staff Committee. Staff members may not stand for election simultaneously to the Advisory Committee on Disputes and the Staff Committee.

3. Four substitutes members shall also be appointed or elected, as the case may be, under the same conditions.2

Article 2 – Term of office

1. Members and their substitutes shall be appointed or elected for a term of two years, which may be renewed.

2. Members of the Committee shall remain in place until their successors have been appointed or elected.

3. In the event that a member of the Committee is unable to complete his or her term of office, the member’s substitute shall replace the member for the unexpired portion of his or her term of office.

Article 3 – Modus operandi

1. Members of the Committee shall be fully independent in discharging their duties. They shall not receive any instructions. They shall not be liable to disciplinary measures as a result of any opinions expressed or advice given in the course of their duties.

2. The Committee shall sit in private. Its proceedings shall be and remain confidential. Members of the Committee and any staff member present at its proceedings in any capacity whatsoever shall preserve the confidentiality of the proceedings.

Article 4 - Chair

The Committee shall elect one of its members as its chair. In the event of a tie, the chair shall be the member with the highest number of years of service. The chair shall preside over and direct the Committee’s work and sittings. If the Chair is unable to preside, an ad hoc chair shall be appointed.

Article 5 – Replacement of a member

1. The Committee shall not be validly constituted unless two members or substitutes appointed by the Secretary General and two members or substitutes appointed by the staff are present. A substitute shall sit only in the absence of a member.

2. Any member of the Committee directly associated with the contested act shall stand down and his or her place shall be taken by a substitute.

Article 6 – Secretariat

1. The Committee’s Secretariat shall be provided by two co-secretaries and an assistant appointed by the Secretary General.

2. The secretaries shall prepare the files, ensure that the time limits are observed and prepare the draft opinions setting out the Committee’s findings.

Article 7 – Time limits

1. The Secretary General shall forward to members at the earliest opportunity any complaint concerning an administrative act on which the Committee’s opinion is sought in accordance with Article 59, paragraph 4 of the Staff Regulations.

2. The Committee shall meet and submit a reasoned opinion without delay.3

Article 8 – Third parties

The Committee shall be entitled to ask for any information that may help it to form an opinion.

It shall hear any person whose views it considers helpful to have.

Article 9 – Opinion of the Advisory Committee on Disputes

1. The Committee shall give reasons for its opinion, which may relate not only to the legality but also to the expediency of the contested act, as the particular circumstances of the case shall require. Where appropriate the opinion shall include proposals for an equitable settlement of the dispute.

2. The Committee’s opinion shall be adopted by a majority vote. A member may ask for his or her personal opinion to be appended to that of the Committee. In the absence of a majority, the Committee shall adopt a summary report setting out the views of its members.

3. The opinion or summary report shall be signed by all the members, and forwarded by the co-secretaries as soon as possible to both the Secretary General and the complainant.

Article 10 – Transitional provision

An additional election shall be held to provide substitutes for the members of the Advisory Committee on Disputes elected in 2003. If the number of candidates does not exceed the number of vacant seats, the candidates shall be declared tacitly elected.4

Strasbourg, 1 June 2001

The Secretary General

Walter SCHWIMMER

1 Note: as amended by Rule No. 1200 of 18 November 2004.

2 Note : added by Rule No. 1200 of 18 November 2004.

3 Note: as amended by Rule No. 1200 of 18 November 2004.

4 Note : added by Rule No. 1200 of 18 November 2004.



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