How does the CEMIP ensure impartiality?
The aim is to avoid any conflict of interest when files submitted to the members of the Ethics Commission and the Appeal Chamber are examined.
3 procedures are applicable:
1) The rule of voluntary non-participation
Any member of the Ethics Commission or the Appeal Chamber who feels unable to rule on a case with the strictest objectivity, spontaneously abstains from hearing that case.
2) Transparency
Information about any direct or indirect links between a member of the Ethics Commission or the Appeal Chamber with the party having committed the alleged breach, is systematically communicated.
This system operates at two levels:
a) the member(s) in question reveal(s) the nature of their direct of indirect links with the involved party
b) the President of the sitting informs the parties after the case has been examined.
3) The right to challenge
Once informed, the parties concerned by the mediation or regulation have the right to challenge the participation of one or other member of the Ethics Commission or the Appeal Chamber. The remaining members will then examine this request in the absence of the said member but will only retain it if there is serious doubt as to his/her impartiality.