Subsection 3: Disciplinary proceedings

When referring a case to the Commission or its Chairman pursuant to Articles L. 1442-13-3 or L. 1442-16, the Minister for Justice or the First President of the Court of Appeal in whose jurisdiction the accused councillor sits sends the Chairman of the Commission all the documents relating to the proceedings.

As soon as the matter is referred to the committee, the accused industrial tribunal member is informed of the referral by any means giving a date certain by the committee secretary, who informs him that he may inspect the documents relating to the proceedings at the committee secretariat or that they may be sent to him electronically. The Chairman of the Committee appoints a rapporteur from among the members of…

The councillor in question may be assisted by one of his peers, by a lawyer admitted to the Conseil d’Etat and the Cour de Cassation or by a lawyer registered with a bar association. The file on the proceedings is made available to the party concerned and his counsel at least forty-eight hours before each committee meeting or each hearing by the rapporteur or his delegate. At any time during…

The councillor in question is summoned to appear before the Commission by its secretary by any means that confers a date certain on the summons.

The employee representative in question must appear in person.

After reading the report and hearing the representative of the Minister of Justice, the accused industrial tribunal member is invited to provide his explanations and defence of the facts of which he is accused.

The hearing of the National Disciplinary Committee is public. However, if the protection of public order or privacy so requires or if there are special circumstances likely to prejudice the interests of justice, access to the hearing room may be prohibited for all or part of the hearing, if necessary ex officio, by the Chairman. The committee deliberates in camera. Its decision, which shall state the reasons on which it…

When a matter is referred to it pursuant to Article L. 1442-16, the Chairman of the Commission shall rule by order issued within ten days of the matter being referred to it. The Chairman’s decision is immediately enforceable.

The decisions of the commission and the orders of its chairman are notified by any means giving a certain date to the industrial tribunal member in question. They are brought to the attention of the Minister of Justice, the First President of the Court of Appeal and the President of the industrial tribunal. The time limit for lodging an appeal is ten days from the date of receipt of the…

The time limits referred to in this section shall be counted in accordance with the conditions laid down in Articles 641 to 647-1 of the Code of Civil Procedure.