Key Benefits:
Decision of 16 March 1994, laying down rules on consultations on police and police officers and on participation in the police
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of the Interior of 16 November 1993, Directorate-General for Public Order and Security, Directorate for Police, Department of Personnel, Education and Information, Department of Labor-conditions policy, number EA93/U3217;
Having regard to Article 50, first paragraph, of the Polition Act 1993 ;
Heard the Council of State (opinion of 7 February 1994, number WO4.93.0768);
Having regard to the detailed report by Our Minister of the Interior of 11 March 1994, Directorate-General for Public Order and Security, Directorate for Police, Department of Personnel, Education and Information, Department of Labor-conditions policy, number EA94/U766;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister of Security and Justice;
b. [ Red: Expiring;]
c. [ Red: Expiring;]
d. The LSOP: The Land Selection and Training Institute Police, intended in Article 2 of the LSOP Act ;
e. [ Red: expiring;]
f. official: the official, referred to in Article 1 (h) of the Decision General Legal Position ;
g. competent authority:
1 °. in so far as it concerns the official, appointed to a part, referred to in the Article 25, First paragraph, of the Polition Act 2012 ;
2 °. The College of Attorney-General, as far as officials of the State Department of Justice are concerned;
3 ° The Board of Monitoring of the LSOP, as far as officials are concerned, Article 10, first paragraph, part a, of the Law at the LSOP and Police Education ;
4 ° the College of Directors of the LSOP, in so far as it concerns officials, Article 10, first paragraph, part b, of the LSOP Law and the Police Education ;
h. basket shearer: the basket head as intended in Article 27 of the Polition Act 2012 ;
i. Central: a central government staff as defined in Article 1 of the Council for the Consultations Council on the Policy of Public Affairs ;
j. Commission: the Commission for organised consultations in the police and civil servants ' cases, Article 2 ;
k. [ Red: expired;]
l. [ Red: Expiring;]
m. [ Red: Expiring;]
n. LSOP: the Commission for organized consultations in the police and civil servants ' cases for the benefit of the LSOP officials, intended to be organized by the Commission. Article 22a ;
o. [ Red: Expiring;]
p. Pension Regulations: The Pension Regulations of the Pension Fund ABP Pension Fund;
q. Stichting Pension Fund ABP: The Foundation Pension Fund ABP, referred to in Article 6 of the Privatization Act ABP ;
r. Partner Pluspension Police: the Partnership Pension and Police referred to in Article 1 of Annex C of the Pension Regulations.
1 There is a Commission for organised consultation in the police and civil servants ' cases.
2 The Commission shall consist of representatives of:
a. the General Central of Government Personnel (ACOP), represented by the Dutch Police Federation (NPB);
b. the Christian Central of Public and Teaching Staff (CCOOP), represented by the General Christian Police Federation (ACP);
c. the Civil Service Centre (AC), represented by the General Netherlands Police Association (ANPV);
d. The Central of Medium and Higher Servants of Government, Education, Companies and Institutions (CMHF), represented by the Association of Secondary and Higher Police Officers (VMHP);
(e) other associations of officials who are also representative of the consultations by royal decree which are also representative, having regard, inter alia, to the number of officials to whom they represent, and who are affiliated to a Central Party represent and against whose admission the public interest is not opposed.
3 Each association of officials referred to in paragraph 2 shall be responsible for the appointment of two members and two alternate members of the Commission. Where several associations of civil servants are affiliated to the same Central Board, these associations shall be jointly appointed only for the designation of representatives.
4 We reserve to suspend consultation under paragraph 2 and an admission to consultations under the second paragraph, under the second paragraph. P. , to withdraw, if, in our opinion, the Association of Officials is no longer representative, or if the public interest precluded further admission.
Suspension of the authorization of a Central Council to the Council for the protection of public health policy shall be subject to the suspension of the authorization of a member of the Board of Justice of the Member States of the European Communities to the Commission Association of civil servants.
1 On matters of general interest for the legal status of the official, including the general rules under which the personnel policy will be conducted, shall not be decided upon after that has been discussed by or on behalf of Our Minister. the Commission.
2 The first paragraph shall remain outside the scope of the arrangements referred to in Article 1 of the Council for the Consultations Council on the Policy of Public Affairs .
3 A proposal for the introduction or amendment of a system of rights or obligations of individual officials shall be implemented only if it is agreed with the Commission. If the votes within the Commission are to be taken, the President of the Commission shall decide whether the proposal is to be implemented.
1 There is a Sectoral Commission Police.
2 The Sectoral Commission Police shall consist of four members on behalf of the Article 2, first paragraph , Commission and four members on behalf of our Minister.
The task of the sectoral committee is to:
a. Opinion to the Board of Governors of the Foundation Pension Fund ABP on the contribution to the PartnerPluspension scheme;
b. To decide on admission of employers who do a request to participate in the PartnerPlusPension.
4 Our Minister proposes, in agreement with the Commission, detailed rules on the rules of operation of the Sectoral Commission Police.
1 The consultation is under the guidance of Our Minister. Our Minister is empowered to contribute to the consultation of a civil servant to be designated by our Minister.
2 If the Commission, in a majority opinion, considers that a consultation of a particular matter must be held with our Minister, a new meeting shall be held for the treatment of that matter, under the direction of Minister.
The President shall be assisted in the consultations by officials appointed by our Minister for this purpose.
4 Our Minister shall invite a representative of the competent authority to attend the consultations as an observer.
5 The secretariat of the consultations shall be provided by a secretary appointed by our Minister or designated by our Minister, under the direction of the Chair, of the staff members referred to in paragraph 3, and of the members of the Commission. The appointment of the Secretary or the appointment of a staff member shall be made by the Commission.
6 When dealing with certain matters, may, by invitation or with the consent of the President, may also be made by others other than those provided for that purpose by Article 2 have the right to participate in the consultations.
7 The members of the Commission may, after consultation with the Chair, be assisted by experts for the treatment of a particular subject.
The associations of officials represented in the Commission shall communicate to our Minister and to the President of the consultations with the Commission their articles of association and administrative regulations and of the amendments thereto. They shall also inform them each year of its membership.
1 The in Article 3, first paragraph Those matters shall be placed on the agenda of the consultations with the Commission by the President.
2 Any association of civil servants admitted to the Commission shall be empowered to give the President of the Commission consultations with the Commission certain matters relating to the competence of the Commission for placing on the agenda.
1 The consultations shall be held at the place, the day and the hour by the Chair.
2 The meetings will take place in the ' s-Gravenhage rule.
3 If the representatives of at least two associations of officials authorized to consult the President, giving notice of what they wish to see, invite him to write a meeting to that effect, shall be considered within 14 Take place.
Our Minister shall provide the Commission with mediation to make available to the Commission a location in a public service building, if the Commission so requests, for the purpose of a meeting to be held by the Commission.
1 If preparatory discussions or decisions taken by the Commission appear desirable, this shall be done by working groups composed of representatives of the Commission and by our Minister for that purpose. Officials.
2 Article 4, sixth and seventh paragraph , shall apply mutatis mutandis.
1 The position of the Commission shall be decided by a simple majority. Every association of officials brings out one vote. If the votes within the Commission are to be taken, the President of the Commission shall decide whether the proposal is to be implemented.
2 The position of the Commission on matters discussed in consultation shall be communicated in writing to our Minister. The Commission shall, if required, give a summary of the arguments underlying the position.
3 Where a minority opinion appears to exist in the Commission, notification shall be made of such views in the texts referred to in the second paragraph.
4 If a matter is decided on a matter by way of derogation from the position of the majority of the members of the Commission, the reasons for that derogation shall be notified to the Commission as soon as possible.
1 The Secretary minutes of the meetings of the conciliation and working groups were to be held.
In addition, at the request of the members of the Commission or of the Chair of the consultation, a report containing a summary of the discussion with the Commission may be drawn up in so far as it is appropriate for publication May be deemed to be
2 After consultation with the Commission, or the members appointed by it in the working party concerned, the President may impose confidentiality in respect of the meetings referred to in these proceedings.
(3) The obligation to secrecy shall not apply to the extent that the members of the Commission, or the members appointed by it in the working party concerned, enter into discussion with associations or Centrales representing their associations which have been represented by them. Attached.
1 There is a Commission LSOP.
2 On matters of general interest to the legal situation of the official, including the general rules under which the personnel policy will be conducted, which concerns only LSOP officials, and is not derived from them are neither comparable nor comparable to a matter referred to in Article 3, first paragraph , is not decided then after that has been discussed by the LSOP Committee on its behalf or on behalf of the Administrative Board of the LSOP.
3 The second paragraph shall remain non-applicable:
a. With regard to rules laid down in or under the law on matters of consultation with the Commission where such rules apply without restriction to the official;
b. should our Minister consult with the Commission whether the President of the consultation with the Commission, LSOP or one of the members of the Commission, makes known LSOP to Our Minister that consultation should be desired.
4 In the third paragraph, B These consultations with the Commission shall take place only after the Commission has received a copy of the position of the LSOP Committee.
5 A proposal for the introduction or amendment of a system of rights or obligations of individual civil servants, which is an effect of a proposal on which in the Article 2, first paragraph The agreement referred to above shall be implemented only if it is agreed with the LSOP Commission.
1 The LSOP Committee consists of representatives of:
a. Associations of officials, referred to in Article 2, second paragraph, points (a) to (d) ;
(b) other civil servants ' associations which are also representative, having regard, inter alia, to the number of officials to whom they represent and which are affiliated to a central and non-member State, to the consultations authorized by the Administrative Board of the LSOP to the consultations. whose admission the public interest is not opposed.
2 Each association of officials referred to in paragraph 1 shall be responsible for the appointment of two members and two alternate members of the Commission LSOP. Where several associations of officials are affiliated to the same plant, these associations shall have only joint powers of appointment of representatives.
3 The management board of the LSOP may suspend an admission to consultations under paragraph 2 and revoke an admission to consultations under paragraph 1 (b) if, in its opinion, the Association of Civil Officers is no longer representative, or if the general interest preclues the further admission of the product.
Suspension of admission to the Commission of an association of civil servants shall, as a result of the suspension of the authorization of the Commission, be abolished by the Commission of the Member States.
5 By way of derogation from paragraph 1, our Minister may, after hearing the Commission, provide that associations of officials not affiliated to a Central Board may also be admitted to the LSOP Commission.
1 On matters of general interest to the legal situation of the official, including the general rules under which the personnel policy will be conducted, which only covers the LSOP and is not derived from neither be comparable to a matter referred to in Article 3, first paragraph , is not decided then after that has been discussed by the LSOP Committee on its behalf or on behalf of the Administrative Board of the LSOP.
2 The first paragraph shall not apply:
a. With regard to rules laid down in or under the law on matters of consultation with the Commission where such rules apply without restriction to the official;
b. should our Minister consult with the Commission whether the President of the consultation with the Commission, LSOP or one of the members of the Commission, makes known LSOP to Our Minister that consultation should be desired.
3 the consultations with the Commission referred to in point (b) of paragraph 2 shall be taken first after the Commission has received a copy of the position of the LSOP Committee.
4 A proposal to introduce or amend a system of rights or obligations of individual civil servants, which is an elaboration of a proposal on which in the Article 2, first paragraph The agreement referred to above has been reached, shall be implemented only if there is agreement with the Commission of the LSOP.
1 The consultations are under the chairmanship of the LSOP Board of Directors.
2 The management board of the LSOP designates a member of the deputy chairman.
The President shall be chaired by officials appointed for that purpose by the Administrative Board of the LSOP during the consultations.
4 the secretariat of the consultations shall be conducted by a Secretary appointed by the Administrative Board of the LSOP or appointed to that end by the Secretary of State appointed by the Chair, who shall be made available of the person referred to in the third paragraph. Officials and the members of the Commission LSOP. The appointment of the Secretary or the appointment of a staff member shall be made by the Commission of the LSOP.
5 The handling of certain matters may also be by invitation or with the consent of the President by others other than those who have Article 22ab have the right to participate in the consultations.
6 The members of the LSOP Committee may be assisted by experts after consultation with the President of the Commission for the treatment of a particular subject.
The associations of officials represented in the LSOP Committee inform the LSOP Board of Directors annually of the LSOP. The associations of civil servants who are not also represented in the Commission shall also communicate to the Administrative Council of the LSOP their articles of association and administrative regulations and changes made to them.
1 The matters referred to in Article 22ac, first paragraph, shall be placed by the Chairman on the agenda for consultation with the LSOP Commission.
2 Each association of civil servants admitted to the Commission LSOP is empowered to give the President of the consultations with the Commission LSOP some of the competence of the LSOP Committee on the ground on the agenda.
3 If, when dealing with a matter in consultation with the LSOP Commission, it appears that it does not apply exclusively to the LSOP, it shall be referred to the consultations with the Commission.
1 The consultations shall be held at the place, the day and the hour by the Chair.
2 If the representatives of at least two associations of officials authorized to consult the President, giving notice of what they wish to see, invite him to write a meeting to that effect, shall be considered within 14 Take place.
3 The LSOP Board of Board grants its mediation to make available to the LSOP Commission a location, if the Commission so requests, for the purpose of a meeting to be held by it.
If it is desirable to hold preliminary talks or to work out decisions taken by the LSOP in the Commission, this will be done by working groups composed of representatives of the LSOP Commission and the LSOP Board of Directors. designated officials.
2 Article 22ad, fifth and sixth paragraphs , shall apply mutatis mutandis.
1 The position of the LSOP Committee is decided by a simple majority. Every association of civil servants is casting a vote. If the votes within the Commission cease to be LSOP, the Chairman of the conciliation procedure with the Commission, LSOP, or the proposal for the implementation of the proposal will be taken.
2 The position of the LSOP Committee on matters discussed in consultation shall be made in writing to the Board of Directors and to the Chair of the consultations, which shall be the subject of Article 2, first paragraph -That's it. The LSOP Committee shall give a summary of the arguments underlying the position.
If a minority opinion emerges in the LSOP Commission, it shall be reported in the writings referred to in the second paragraph.
4 If a matter is decided on a matter by way of derogation from the position of the majority of the members of the LSOP Commission, the reasons for that derogation shall be communicated to the LSOP Committee as soon as possible.
The Secretary minutes shall be drawn up from the meetings of the consultations and the working groups. In addition, at the request of the members of the Commission, LSOP or the President of the conciliation procedure, a report containing a brief summary of the discussion with the LSOP Committee may be drawn up in so far as the latter are concerned with disclosure may be considered appropriate.
2 After consultation with the Commission, LSOP, or the members appointed by it in the working party concerned, the President may impose confidentiality on the meetings referred to in the above meetings.
3 The obligation to secrecy shall not apply to the extent that the members of the Commission, LSOP, or the members appointed by it in the working group concerned have discussed the associations or Centrales which they have represented to them. associations are affiliated.
For the purposes of this Section, the following definitions shall apply:
(a) participants in the consultations: the President and the associations of officials admitted to the Commission;
b. Advisory and Arbitration Committee: the Advisory and Arbitration Committee, referred to in Article 110 G of the ARAR .
1 This section shall apply to disputes in matters referred to in Article 3, first paragraph .
2 This section shall apply mutatis mutandis to disputes concerning matters relating to: Article 22a The Commission is understood to be the LSOP Commission, except that the Commission is not.
If the Chairman or any of the associations of officials admitted to the Commission consider that the consultation with the Commission will not lead to an outcome which will be the agreement of all the participants in that consultation, They shall inform the other participants in such consultations in writing within three days of their demonstration in such consultations.
1 Within five days of the notification, referred to in Article 25 , shall a consultation meeting be taken out by the President. The meeting must be held within seven days after it is written out.
2 Unless decided upon by the President and the Commission to pursue or terminate consultations, the meeting shall examine whether agreement exists on the subject matter and content of the dispute and whether a solution is to be found to the question. of that dispute shall be sought by the continuation of consultations after the opinion of the Advisory and Arbitration Committee has been received, or by subjection of the dispute to an arbitration award of the Opinion and of the Opinion; and Arbitration board.
3 The President and the Commission shall be empowered to give an opinion.
4 For submission of the dispute to arbitration agreement is required between all participants in the consultations.
1 Within three days of the meeting, referred to in Article 26 , the request for an opinion shall be notified to the Chair of the Committee of the Opinion and Arbitration Committee. The request shall be signed by the participants in the consultations which have expressed their opinion for the recovery of opinions and shall at least contain the subject matter and content of the dispute. If in the meeting, referred to in Article 26 , no agreement has been reached between all the participants in the consultation on the subject matter and the substance of the dispute, the other participants in the consultations also bring their views on the subject matter and substance of the dispute also within the framework of the agreement. Three days after the said meeting, the Chairman of the Committee on the Advisory and Arbitration Committee was notified.
2 The first paragraph, first sentence, shall apply mutatis mutandis in respect of the subject matter of the dispute to an arbitration award. The request shall be signed by all participants in the consultations and shall contain at least:
a. the subject matter and content of the dispute;
b. the views of all participants in the deliberations on the subject matter and content of the dispute.
1 With regard to the composition of the Opinion and Arbitration Committee Article 110h, first paragraph, of the ARAR , subject to the proviso that this committee for the purpose of dealing with a dispute is to be considered to be Article 26, second paragraph , shall be extended to two special members.
2 The special members referred to in paragraph 1 shall be appointed by Our Minister for a period of not more than four years. Reappointment may take place twice and each time for a maximum of four years.
3 Of the special paragraphs referred to in paragraph 1, a member shall be appointed on a proposal from the President of the conciliation meeting with the Commission and a member on a proposal from the associations of civil servants admitted to that consultation.
4 Non-appointment as a special member shall be:
a. Persons pursuant to Article 110g, fourth paragraph, of the ARAR are excluded from membership or from alternate membership;
(b) persons who are members or alternate members of the Commission, the Commission, LSOP, or whose membership or their deputy membership has not been completed for more than two years.
5 In accordance with the allowances to be granted to members and alternate members, allowances for travel and subsistence expenses for travel and subsistence shall be granted to the special members in accordance with the rules governing the reimbursement of travel and subsistence allowances for travel and subsistence allowances for travel and subsistence allowances. Travel expenses incurred by the Rijks department.
6 Our Minister also appoints two alternating special members. The second paragraph to fifth paragraph shall apply mutatis mutandis.
7 If the request for arbitration is, in the view of the Chairman, to the same dispute as the opinion of the Advisory and Arbitration Committee has been delivered, a member concerned by the issue of that opinion shall be the subject of a dispute Alternate member.
As far as the composition of the Advisory and Arbitration Committee in accordance with Article 28, first or second paragraph In so doing, it shall lay down detailed rules for its operation.
1 The Committee Opinion and Arbitration Committee shall act by a majority of its members.
2 The opinion or pronunciation shall include:
a. The names of the participants who have applied for the opinion or the arbitration award;
b. an overview of the views of all participants on the subject matter and substance of the dispute;
(c) the opinion or the decision and the grounds on which it is based.
3 The opinion or the judgment shall be recorded and signed by each of the members and special members of the Advisory and Arbitration Committee.
4 The chairman shall ensure that the opinion or the judgment is delivered within four weeks, after the notification is given in Article 27 , has been received, will be notified to the participants in the consultations.
Consultations on the dispute shall be continued within two weeks of receipt of the opinion.
The ruling of the Advisory and Arbitration Committee shall have binding force.
1 Our Minister, in agreement with the Commission, may decide to consult with the LSOP Commission. Section 4A of Chapter II -To suspend it.
2 Our Minister, in agreement with the Commission, may also provide, in accordance with the decision to suspend consultations, that consultations on matters of general interest referred to in the abovementioned sections for the legal situation of the official will be taken. be, in accordance with the provisions of Section 1 , with that Commission.
This Decision is based on Article 47, first paragraph, of the Polition Act 2012 .
The decision consultation and co-determination police and the decision consultation and co-determination reorganisation police system are repealed.
This Decision shall enter into force on 1 April 1994.
This decision is cited as: consultations and co-determination police 1994.
Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed.
' s-Gravenhage, 16 March 1994
Beatrix
The Minister of the Interior,
E. of Thijn
Published twenty-ninth March 1994The Minister of Justice, a.i.,
E. of Thijn
