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Decision of the Advisory Committee on Advisory Committee on Human Issues EZ 2016

Original Language Title: Besluit instelling Adviescommissie bezwaren personele aangelegenheden EZ 2016

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Decision of the Minister for Economic Affairs of 1 April 2016, No WJZ/16024310, setting up the Advisory Committee on Objectionto Human Matters of the Ministry of Economic Affairs 2016 (Decision setting up Advisory Committee on Human Affairs ObjectionsEZ 2016)

The Minister for Economic Affairs,

Having regard to Article 7:13 of the General Administrative Law Act and Article 2, 1st paragraph, of Law Fees Advisory Colleges and Committees ;

Decision:


Paragraph 1. Conceptual provisions

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Article 1

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For the purpose of this Decision:

  • - Commission: The Commission's Advisory Committee on Human Affairs concerns EZ;

  • - Encumin employee who has submitted a statement of objection;

  • - Employee: staff member and former staff member of the Ministry, appointed under the General Civil Service Regulations ;

  • - the Minister: the Minister for Economic Affairs;

  • - the Ministry: the Ministry of Economic Affairs.


Paragraph 2.

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Article 2

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  • 1 There is an Advisory Committee on Staff Objects.

  • The task of the committee is to advise the Minister on the decisions to be taken on the objections of staff taken by the Minister against decisions taken against them as such by, on behalf of or on the proposal of the Minister, in which their legal position is directly involved.

  • 3 The second paragraph shall not apply where, pursuant to any legal requirement, another committee advises on the objection concerned.


Article 3

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  • 1 The committee shall be composed of at least five members appointed by the Minister.

  • 2 Members of the Commission are:

    • a. one nominated by the Minister, not working under the responsibility of the Minister;

    • (b) at least two staff appointed by the Minister;

    • At least two members appointed by the Minister, on the proposal of the Departmental Consultation.

  • 3 The committee shall be assisted by a non-member, who is an associate of the Centre of Expertisation and Personnel of the Ministry of the Interior and of the Relations of the Kingdom.

  • 4 For each member of the committee, the Minister may appoint at least one deputy. The provisions of the second paragraph shall apply mutatis mutandis.


Article 4

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  • 1 The members and alternate members of the committee shall be appointed and dismissed by the Minister.

  • 2 The members and alternate members of the committee shall be appointed for a maximum period of four years.

  • 3 The members and alternate members of the committee may be reappointed once.


Article 5

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  • 1 The President and Deputy Chairman of the Committee shall receive a fee per session of € 357.

  • 2 The members and alternate members of the committee shall receive a fee per session of € 275.

  • 3 The officials designated by the Minister as a member shall not receive any compensation as referred to in the first or second member.


Article 6

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  • 1 By objection, the committee shall consist of a chairman, a member, as referred to in Article 1 (2). Article 3, second paragraph, point (b) , and a Member referred to in point (c) of Article 3, second paragraph.

  • 2 In cases where it is not possible to draw up a committee in accordance with paragraph 1, the chairman shall determine the composition of the committee.


Paragraph 3. Change and Wage

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Article 7

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  • 1 The members of the committee shall be different from the treatment of cases where they have been involved in any way.

  • 2 The members of the committee may be affected to take part in the treatment of cases referred to in the first paragraph.

  • 3 The members of the committee, with the exception of the injured party members, decide whether the wrecking is allowed. In the event of a vote, the objection shall be authorised.


Paragraph 4. Special provisions on the rules of operation of the Commission

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Article 8

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  • 1 Each staff member shall be obliged to supply all information to the truth and without any reservation which the committee considers necessary for the submission of an opinion.

  • 2 The Committee may call upon third parties to obtain information which it is required to obtain, provided that the costs involved are in advance with the Minister.


Article 9

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  • 1 The Committee of the European Parliament may have its opinion and report drawn up by experts.

  • 2 The committee may request production of appropriate documents.

  • 3 The Commission is empowered to establish or to set up an on-the-spot investigation.


Article 10

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  • 1 The members of the committee in the course of the proceedings of a case shall adopt the opinion of the committee by a majority of votes. None of the members shall abstain.

  • 2 The Secretary shall prepare the opinion of the Committee in writing.

  • 3 The opinion shall be signed by the President-in-Office and acting Secretary-in-Office of the Commission.

  • 4 The Secretary shall send the opinion and report of the hearing to the Minister.


Article 11

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It shall be prohibited to the members and to the secretary of the commission and to their alternates:

  • (a) which they have been known to have become more familiar than they have been for the performance of their duties;

  • (b) to reveal the sentiments expressed during the debate on the objection;

  • c. on a matter submitted to them or on a matter which, they know or may suspect, will be presented to them in any maintenance or conversation with:

    • 1 °. the encumin, his adviser or agent;

    • 2 °. the person who took the decision concerned or the representative designated by the latter;

  • d. to receive any written information from the persons referred to in subparagraph C, or to allow them otherwise to make any communications to them, except for information or communications to the Secretary in the the framework of the normal secretarial work.


Paragraph 5. Transitional and final provisions

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Article 12

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The objections raised before the entry into force of this Decision to the Advisory Committee on Human Affairs and Citizens ' ObjecQuestions, which were set up by the Commission, Decision of the Advisory Committee on Advisory Committee on Human Issues EZ 2013 , and on which no opinion on the decision to be taken has yet been delivered, are deemed to be in the Article 2 the committee referred to in the first paragraph of this Decision.


Article 13

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The Decision of the Advisory Committee on Advisory Committee on Human Issues EZ 2013 shall be withdrawn.


Article 14

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This Decision shall enter into force on 1 April 2016.

If the State Gazette, in which this Decision is placed, is issued after 31 March 2016, it shall enter into force from the day following the date of issuance of the State Official Gazette, in which it is placed, and shall return to it until 1 April 2016.


Article 15

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This Decision is cited as: Decision of the Advisory Committee on Advisory Committee on Human Issues EZ 2016.

This decision will be placed in the Official Gazette and sent copies to the parties concerned, to the Advisory Committee on Human Affairs and Objection and to the Departmental Consultation.

' s-Gravenhage, 1 April 2016

The

Minister

of Economic Affairs,

H.G.J. Kamp