PART VI: Discipline
Article 54 – Disciplinary measures
Article 55 – Disciplinary Board
Article 56 – Disciplinary proceedings
Article 58 – References in personal administrative files
Article 54 – Disciplinary measures
1. Any failure by staff members to comply with their obligations under the Staff Regulations, and other regulations, whether intentionally or through negligence on their part, may lead to the institution of disciplinary proceedings and possibly disciplinary action.
2. Disciplinary measures shall take one of the following forms:
a. written warning;
b. reprimand;
c. deferment of advancement to a higher step;
d. relegation in step;
e. downgrading;
f. removal from post.
3. A single offence shall not give rise to more than one disciplinary measure.
Article 55 – Disciplinary Board
1. A Disciplinary Board shall be set up, consisting of a Chair and four members. The Chair shall arrange for secretarial assistance.
2. The Secretary General shall each year appoint the Chair of the Disciplinary Board, this office being incompatible with membership of the Joint Committee. The Secretary General shall also draw up a list containing, if possible, the names of two staff members from each grade in each category mentioned in Article 4. The Staff Committee shall at the same time transmit a like list to the Secretary General.
3. Within five days of receipt of a report initiating disciplinary proceedings, the Chair of the Disciplinary Board shall, in the presence of the staff member concerned, draw lots from among the names in the above-mentioned lists to decide which four members shall constitute the Disciplinary Board, two being drawn from each list.
4. Members of the Disciplinary Board shall not be of a lower grade than that of the staff member whose case the Board is to consider.
5. The Chair shall inform each member of the composition of the Board.
6. Within five days of the formation of the Disciplinary Board, the staff member in question may make objection once to any of its members other than the Chair.
7. Within the same period any member of the Disciplinary Board may ask to be excused from serving, provided he or she has legitimate grounds.
8. The Chair of the Disciplinary Board shall, by drawing lots, fill any vacancies.
9. The Chair and members of the Disciplinary Board shall be completely independent in the performance of their duties. The proceedings of the Board shall be secret.
1. When dealing with cases referred by the Governor of the Council of Europe Social Development Fund, the Disciplinary Board shall include two members of the Fund’s staff.
2. To this end, the Governor shall draw up a list containing, if possible, the names of two staff members from each grade in each category mentioned in Article 4 of the Regulations. The Fund Staff Committee shall at the same time transmit a like list to the Governor.
3. Within five days of receipt of a report initiating disciplinary proceedings, the Chair of the Disciplinary Board shall, in the presence of the staff member concerned, draw lots from among the names in the lists drawn up by the Secretary General, the Governor, the Council of Europe Staff Committee and the Fund Staff Committee to decide which four members shall constitute the Disciplinary Board, one being drawn from each list.
4. Unless otherwise specified in the foregoing 3 paragraphs of Article 55 bis, the provisions of Article 55 shall apply.
Article 56 – Disciplinary proceedings
1. Disciplinary proceedings shall be instituted by the Secretary General after a hearing of the staff member concerned.
2. Disciplinary measures shall be ordered by the Secretary General after completion of the disciplinary proceedings provided for in Appendix X to these Regulations.
1. In a case of serious misconduct liable to entail a disciplinary measure as referred to in Article 54, paragraph 2.d, 2.e and 2.f, the Secretary General may, after hearing the Chair of the Disciplinary Board, suspend the presumed author of the misconduct.
2. The decision that a staff member be suspended shall specify whether he or she is to continue to receive his or her remuneration during the period of suspension or what part thereof is to be withheld; the part withheld shall not be more than half the staff member’s basic salary.
3. A final decision on the staff member’s administrative situation shall be taken within four months of the date when the decision to suspend him or her came into force.
4. If, on the expiry of the time-limit prescribed in paragraph 3, no decision has been taken on the case or if none of the disciplinary measures mentioned in Article 54, paragraph 2.d, 2.e and 2.f has been ordered, the staff member shall be entitled to reimbursement of the amount of remuneration withheld.
Article 58 – References in personal administrative files
No reference to a disciplinary measure shall remain in the personal administrative file of the staff member concerned after two years in the case of a written warning or reprimand, and after six years in the case of other measures except removal from post.