Book V: Collective disputes

The members of the Superior Court of Arbitration are appointed by decree for a term of three years.

The High Court of Arbitration is composed, in addition to its President, who is a Vice-President of the Conseil d’Etat or a Section President of the Conseil d’Etat in office or with honorary status: 1° Four members of the Conseil d’Etat in office or with honorary status; 2° Four senior members of the judiciary in office or with honorary status.

Councillors of State and magistrates, whether serving or honorary, are appointed as alternates in equal numbers to the full members for the same period. They are appointed for a period of three years by decree issued on the joint report of the Minister of Labour and the Minister of Justice.

If the President of the Superior Court of Arbitration is absent or unable to act, the hearing is chaired by the most senior Conseiller d’Etat, who is a full member of the Court. In this case, the court is completed by a Conseiller d’Etat, alternate member.

When one of the members of the Superior Court of Arbitration loses the capacity for which he was appointed, his successor shall be appointed by decree. The successor shall remain in office until the expiry of the normal term of office of the member replaced. In the event of a vacancy arising from death or resignation, the appointment procedure is identical.