How is a file handled?
The rules differ according to the nature of the file:
Advice / Consultation
Submission
Any member of the CEMIP can make a formal request to the Secretariat for a matter to be handled by the Plenary Authority.
In practice
The file is submitted by simple letter outlining the nature of the request. Any supporting elements should be attached. The applicant will need to provide further relevant documents for examination at the request of the Secretariat or the President of the Plenary Authority.
Mediation
Submission
By mutual agreement two or more member companies of the CEMIP can ask the committee to arbitrate on a disagreement and find a settlement.
Recourse to amicable settlement is applicable:
- in the event of an urgent matter or on specific request of the President of the Ethics Commission or by the Member of the Commission delegated by him for this purpose.
In practice
The request for mediation is addressed either jointly or simultaneously to the Secretariat by the members concerned. It must mention:
- the complete analysis of the matter opposing the companies,
- the contradictory versions of the conflict in which both companies are supposed to be involved,
- any further information necessary to understand the case,
- and, when possible, proposals for an amicable settlement for each company in question.
Regulation
Submission
There are four possibilities:
- Submission to the Ethics Commission by the Secretariat.
- Initiated by the Ethics Commission itself.
- Complaint emanating from a member of the CEMIP.
- Complaint emanating from a third party outside the CEMIP if third party constitutes a legal entity and can justify its interest to act.
No other complaints are receivable.
In practice
The complaint addressed to the Secretariat must:
- Specify the legal identity of the complainant and, if it is not a member of the CEMIP, justify its interest to act.
- Describe the behaviour or the practice in question in the most complete possible way.
- Enclose supporting evidence of the practice alleged to be in breach of the code
- Formulate objections against the litigious practice.
- Enclose the complainant’s conclusions requesting the CEMIP to give recommendations and/or deliver sanctions.
Caution: a complaint can be classified as non-receivable by the Secretariat who then releases it from the regulation procedure. He/she will regularly inform the Ethics Commission of such files. The Commission can decide to re-open a complaint that has been filed as non-receivable.
The case should be examined by the Commission within 30 days. After the hearing the decision will be released within 30 days although an extra 30 days may be granted in exceptional circumstances.
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