Subsection 2: The National Disciplinary Commission

The National Disciplinary Commission provided for in Article L. 1442-13-2 sits at the Court of Cassation. It is called the Commission nationale de discipline des conseillers prud’hommes.

The full and alternate members of the Commission are appointed for four years. This appointment takes place within three months of the renewal of the Conseil supérieur de la prud’homie provided for in article R. 1431-8. Where applicable, and up to a maximum of one year, their term of office is extended until the commission is set up following the renewal of the Conseil supérieur de la prud’homie.

In the year in which the members of the Commission are renewed, the First Presidents of the Courts of Appeal shall inform the First President of the Cour de Cassation, no later than two months after the renewal of the Conseil Supérieur de la Prud’homie provided for in Article R. 1431-8, of the name of the judge of their court whom they propose to appoint pursuant to 2° of Article…

The members of the committee mentioned in 3° and 4° of Article L. 1442-13-2 are appointed from among their number by the full and alternate members of the Conseil supérieur de la prud’homie representing employees and employers respectively. Notwithstanding article R. 1431-7, full members and alternates participate in the appointment and may be appointed as members of this commission.

The list of members of the Commission nationale de discipline des conseillers prud’hommes is sent to the Minister of Justice and published in the Journal officiel de la République française by the First President of the Cour de cassation. The members of the Commission are installed in their functions by the First President of the Cour de Cassation within fifteen days of the publication of the list of members in…

Any member of the Commission wishing to resign from office shall submit his resignation to the Minister of Justice. The resignation is not definitive until it has been accepted by the Minister.

If a vacancy occurs before the expiry date of the term of office, the member of the Commission is replaced and installed within three months in the same way as for the initial appointment. The member thus appointed completes the term of office of the member he replaces.

The Secretary General of the First Presidency of the Court of Cassation acts as secretary to the Committee. If the Secretary General is unable to act, the secretariat is provided by a judge delegated for this purpose by the First President.

The date and agenda of Commission meetings are set by order of the Commission Chairman. A copy of the order is sent to the Minister of Justice and is attached to the notice of meeting sent by the Commission Secretary. The minutes of the meetings are signed by the Chairman and the Secretary of the Commission.