ANNEX XSupplementary provisions
ANNEX X APPEALS BOARD (Referred to in Article 28 of the Staff Regulations) 1. Jurisdiction The Appeals Board shall have authority to settle disputes arising out of violations of these Staff Regulations or of the contracts provided for in Article 7 of the Staff Regulations. To that end it shall have jurisdiction with regard to appeals brought by serving or former staff members, or by their heirs and/or their representatives, against a decision of the Director. The Appeals Board shall also be competent in cases where a staff member wishes to sue another staff member via a national jurisdiction and such action has been prevented by the Director's refusal to waive the immunity of the latter. The Appeals Board shall also be competent to settle disputes concerning its jurisdiction, as defined in these Staff Regulations, or any question of procedure. 2. Composition and status (a) The Appeals Board shall be composed of a Chairman and two members. They may be replaced by deputies. The Chairman or one of the members and one of their deputies must have legal qualifications. (b) The Chairman, his deputy, the members and their deputies shall be appointed by the Board of the SATCEN, for a period of four years. If any of these is at any time unable to serve, a new appointment shall be made for the unexpired term. (c) Candidates shall be proposed by the representatives of Member States at the Board of the SATCEN. The Director may also propose candidates after taking into account proposals that may be made by the Staff Committee. (d) The members of the Appeals Board shall be fully independent in the exercise of their duties; they shall neither be members of staff of the SATCEN nor of a delegation of a Member State. They shall neither seek nor accept instructions from anyone whomsoever. (e) A member of the Appeals Board who has, or appears to have, a conflict of interest as defined in point (f) of this paragraph shall recuse himself from the case and shall so inform the Chairman. A party may make a reasoned request for the recusal of a member on the grounds of a conflict of interest to the Chairman of the Appeals Board, who, after seeking comments from the member concerned, shall decide on the request and shall inform the party of the decision in writing. A request for recusal of the Chairman shall be referred to a two-member panel for decision. The Secretariat of the Appeals Board shall communicate the decision to the parties concerned. (f) The term ‘conflict of interest’ means any factor that may impair, or reasonably give the appearance of impairing, the ability of a member to independently and impartially adjudicate a case assigned to him. A conflict of interest arises where a case assigned to a member involves any of the following: (i) A person with whom the member has a personal, family or professional relationship; (ii) A matter in which the member has previously served in another capacity, including as an adviser, counsel, expert or witness; (iii) Any other circumstances that would make it appear to a reasonable and impartial observer that the member's participation in the adjudication of the matter would be inappropriate. (g) Before beginning his duties, each member of the Appeals Board shall issue a statement whereby he performs his duties impartially and conscientiously and vows to preserve the secrecy of the Appeals Board's deliberations. (h) The detailed terms of appointment shall be laid down in a letter of appointment signed by the Secretariat of the Board of the SATCEN. (i) The emoluments of the Chairman, members and deputies shall be fixed by the Board of the SATCEN. (ii) The Appeals Board shall establish its own rules subject to the provisions of this Annex. 3. Secretariat of the Appeals Board (a) The Secretary of the Appeals Board and his deputy shall be appointed for a period of four years by the Director among the staff members of the SATCEN. (b) In the exercise of his duties, the Secretary of the Appeals Board and his deputy shall act as a registrar and shall be subject only to the authority of the Appeals Board. (c) The Secretary of the Appeals Board shall be responsible for administrative matters, including communications. (d) Before taking up their duties the Secretary of the Appeals Board and his deputy shall issue the statement described under point 2(e) of this Annex. 4. Appeals (a) Appeals submitted to the Appeals Board shall be admissible only if the appellant has previously failed to obtain satisfaction through an internal administrative appeal to the Director. (b) The appellant shall have a period of 20 days from notification of the decision complained of or the date of rejection by one of the parties of the mediator's findings in which to submit a written request that such decision be withdrawn or modified by the Appeals Board. That request shall be addressed to the Secretary of the Appeals Board, who shall acknowledge receipt of it, inform the Director of the SATCEN and initiate the procedure for convening the Appeals Board. (c) Appeals must be lodged with the Secretariat of the Appeals Board within two months of the date of notification of the decision complained of. Nevertheless, in exceptional cases, in particular where pensions are concerned, the Appeals Board may admit appeals lodged within one year of the date of notification of the decision complained of. (d) Appeals must be in writing; they must state all grounds of appeal put forward by the appellant and supporting documentary evidence must be produced at the same time. (e) Appeals shall not stay the execution of the decisions complained of, except in the case foreseen in paragraph 9(a) of this Annex. 5. Preliminary procedure (a) Appeals shall be transmitted immediately to the Director, who must make his comments thereon in writing. A copy of those comments shall, within one month from the notification of the appeal to the Director or his representative, be communicated to the Secretary of the Appeals Board, and to the appellant. The latter may within 20 working days from notification to him or his legal representative, make a reply in writing, a copy of which shall be immediately notified to the Director or his representative by the Secretary of the Appeals Board. (b) Appeals, together with the written pleadings and the documentary evidence in support thereof, the comments of the Director and the appellant's reply, if any, shall be communicated to the members of the Appeals Board by its Secretariat within three months of the lodging of the appeal and at least 15 days before the date of the audience at which they are to be considered. (c) The Appeals Board may undertake all enquiries which it deems necessary, and may in particular request the parties to produce all documents and to supply all information which it considers desirable for the proceedings. (d) The Appeals Board may furthermore at any time engage a person or body of its own choice to produce an expert opinion. (e) All parties may propose to the Appeals Board to call witnesses and may submit other appropriate forms of evidence. Staff members, if so requested by the Appeals Board, shall appear before it and give evidence and testify. 6. Convening the Appeals Board The Appeals Board shall be convened by its Chairman, who will determine the place where the hearing will be held and the agenda for each session. The date of the hearing shall be communicated by the Secretary of the Appeals Board to the members of the Board, the Director, and the appellant, at least 15 working days beforehand. A copy of the files shall be sent, as stated in paragraph 5 (b) of this Annex, within the same time limit, to each member of the Appeals Board. The Appeals Board shall, under normal circumstances, consider appeals submitted to it within four months of the date on which they were lodged. No sitting of the Appeals Board shall be considered quorate unless the Chairman, or his deputy, and at least two members, or their deputies, are present. 7. Hearings by the Appeals Board (a) The hearings by of the Appeals Board shall be public (unless the Appeals Board decides otherwise). The Appeals Board shall deliberate in secret. (b) The Director or/and his representative, together with the appellant or/and his legal representative, shall attend the hearing and may make oral statements in support of the grounds adduced in their written pleadings. (c) The Appeals Board may require the production of any document that it deems useful for the consideration of the appeal before it. Documents so produced must also be communicated to the Director and the appellant. (d) The Appeals Board shall hear the parties and such witnesses as it deems may usefully depose in the proceedings. Any staff member called as a witness must appear before the Appeals Board and may not refuse to give the required information. (e) The appellant shall be entitled to a flat-rate contribution covering travel and accommodation costs in accordance with Annex VI to the Staff Regulations. 8. Hearings in absentia (a) The Appeals Board may decide to examine a case in the absence of one or both of the parties, provided that the date of the hearing has been duly notified to the parties concerned. (b) If one or both of the parties, although duly summoned, fails to appear before the Appeals Board, without producing a valid reason, the Appeals Board may close the hearing and make its final decision. 9. Decisions of the Appeals Board (a) In exceptional circumstances, the Appeals Board may make an interim order staying the execution of the measure complained of, pending a final decision in accordance with point (b). (b) Decisions shall be taken by majority vote. They must be rendered in writing and must state the grounds on which they are based. There shall be no appeal from them, and they shall be enforceable for both parties within one clear day of their notification. (c) The Appeals Board may, however, be requested to rectify clerical mistakes, errors in calculation and obvious flaws in a decision rendered. Requests for rectification must be submitted within six months of the date when the mistake came to light.