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.
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.
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is a Registered Trademark of
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75001, Paris France
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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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