Article L4125-5 of the French Public Health Code
November 7, 2023
Elections to disciplinary councils and chambers may be referred to the administrative court under conditions laid down by decree in the Conseil d’Etat.
Elections to disciplinary councils and chambers may be referred to the administrative court under conditions laid down by decree in the Conseil d’Etat.
Elections to the Board shall be by a majority of the members present or having voted by post or electronically. A majority of the members present shall elect the Chairman and the Executive Committee. The principles governing the elections referred to in the previous two paragraphs are laid down by decree in the Conseil d’Etat. The procedures for elections by electronic means shall be laid down by decree issued after…
Without prejudice to the provisions of articles L. 4122-1-2 and L. 4123-10 and VI of article L. 4124-11, when the number of vacant seats no longer enables a quorum to be reached, the President of the National Council or, at his request, the oldest member of the Council concerned may authorise, by way of exception, the members remaining in office, on the one hand, to hold new elections, if necessary…
No person may stand for election as a member of a Board or as an assessor of a Disciplinary Board if he has reached the age of seventy-one by the closing date for receipt of nomination papers.
Subject to the provisions of article L. 4124-6 of this Code and articles L. 145-2 and L. 145-2-1 of the Social Security Code, only practitioners of French nationality or nationals of one of the Member States of the European Union or of another State party to the Agreement on the European Economic Area who are registered with the Association are eligible for election.
No disciplinary penalty may be imposed without the doctor, dental surgeon or midwife in question having been heard or called to appear.
The parties may be assisted or represented. Before disciplinary bodies, they may exercise the right of recusal mentioned in article L. 721-1 of the Code of Administrative Justice.
The costs shall be borne by the losing party unless the circumstances of the case justify sharing them between the parties.
A doctor, dental surgeon or midwife who, when challenged before the National Disciplinary Chamber, has not produced a written defence in due form, may lodge an objection to the decision rendered by default. The objection shall have suspensory effect, except where the Chamber is hearing an appeal against a decision taken pursuant to article L. 4113-14.
Disciplinary proceedings do not prevent : 1° any proceedings that the Public Prosecutor or private individuals may bring before the criminal courts under the terms of ordinary law; or 2° civil actions for damages for an offence or quasi-offence; or 3° Nor in disciplinary proceedings before the administration to which the civil servant doctor, dental surgeon or midwife belongs; 4° Nor in proceedings which may be brought against doctors, dental…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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