Rs 173.320.11 Regulation Of The Conciliation Committee Of The Federal Administrative Court On August 6, 2007

Original Language Title: RS 173.320.11 Règlement du 6 août 2007 du Comité de conciliation du Tribunal administratif fédéral

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173.320.11 the conciliation committee of the Tribunal federal regulation of August 6, 2007 (Status January 1, 2013) the federal administrative court (TAF), see art. 16, al. 1, let. a, of the law of 17 June 2005 on the Administrative Tribunal federal, view the art. 1, let. a, and 16, al. 5, of the April 17, 2008 of the Administrative Tribunal federal regulation, stop: art. 1 principles the judges come together in a spirit of mutual respect and according to the rules of propriety; they strive to create a work environment full of trust and collegiality and, to the extent possible, to settle themselves conflicts that might arise.
They perform their duties in respect of their obligations and refraining from any act likely to infringe the Organization, jurisprudence or the reputation of the Court.

Art. 2 scope of the conciliation committee is involved in the settlement of disputes occurring between judges.
These disputes may subject to a procedure of conciliation even when they are physically within the purview of another organ of the tribunal.

Art. 2aConstitution and the conciliation committee Presidency is self-constituting and elects from among its members: a. the president; b. substitute.

The president and the Deputy are elected for two years and can be reappointed twice.

Introduced by chapter I of O of the TAF from 23 oct. in force since Jan. 1, 2012. 2013 (2012 5799 RO).

Art. 3 legitimization any judge directly or indirectly involved in a dispute may enter the conciliation committee, regardless of its function.

Art. 4 opening of the procedure the conciliation Committee intervenes on request.
The application for opening of a conciliation procedure must be addressed in writing to a member of the conciliation committee. It must indicate the judges concerned and the nature of the dispute.

Art. 5 instruction the conciliation committee designates the Member responsible for education and, possibly, the assessors.
The Member responsible for the statement informs the judges concerned of the opening of a procedure of conciliation and the composition of the Committee.
The other party has the opportunity to comment in writing.
The Member responsible for education invites the parties to conciliation outside the premises of the tribunal.

Art. 6 exclusion and challenge the members of the conciliation committee will reject if they have a personal interest in the cause or if they can be prevented in any other manner, including because of a close friendship or a personal enmity with one of the judges concerned.
The judges concerned may challenge members of the conciliation committee without giving reasons.

Art. 7 refusal to participate in the procedure the judges concerned may refuse to participate in a conciliation procedure without giving reasons. The Committee will decide whether to hold a hearing in the absence of a party.

Art. 8 hearing of conciliation if the judges concerned unanimously, wish the conciliation hearing is recorded in a statement.
The members of the conciliation committee and the judges concerned commit in writing to observe the strictest discretion on the subject and the conduct of the proceedings.
If the judges concerned wish unanimously, the hearing may be held under the direction of an external Ombudsman.
Hearings of conciliation, the conciliation committee or the external Ombudsman can make recommendations and propose solutions to the judges concerned.
The outcome of the conciliation is recorded in a report signed by all involved, which is given to the judges concerned and Chair of the conciliation committee.

Art. 9 information to third-party conciliation committee may, with the consent of the judges concerned, knowledgeable third parties of the outcome of the conciliation procedure.

Art. 10 acts the chairmanship of the conciliation committee retains the pleadings closed five years before destroying them.
The acts may be disclosed to third parties with the consent of the judges concerned.

Art. 11 charges the conciliation procedure is free of charge.
She does give rise to the payment of compensation.

Art. 12 entry into force this Regulation comes into force with retroactive effect to 1 January 2007.

RO 2007 3775 RS 173.32 RS 173.320.1 new content according to art. 38 al. 2 o of the TAF on April 17, 2008, in force since June 1, 2008 (RO 2008 2189).

State on January 1, 2013

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