Appendix ANNEX X APPEALS BOARD

The Appeals Board shall have authority to settle disputes arising out of violations of the Staff Regulations or of the contracts referred to in Article 7 of the Staff Regulations. To that end it shall have jurisdiction with regard to appeals brought by serving or former contract staff members, or by their heirs or their representatives, against a decision of the Director.

1. (a)

   The Appeals Board shall be composed of a Chair and two members. They may be replaced by deputies. All must have legal qualifications.

2. (b)

   The Chair, his or her deputy, the members and their deputies shall be appointed by the Board of the Institute, for a period of three years, renewable, from outside the staff of the Institute. If any of them is at any time unable to serve, a new appointment shall be made for the unexpired term.

3. (c)

   No meeting of the Appeals Board can be held unless the Chair, or his or her deputy, and two members, or their deputies, are present.

4. (d)

   The members of the Appeals Board shall be fully independent in the exercise of their duties.

5. (e)

   The emoluments of the Chair, members and deputies shall be fixed by the Board of the Institute.

6. (f)

   The Appeals Board shall establish its own rules which shall be in line with the provisions of this Annex.

1. (a)

   The Secretary of the Board shall be appointed by the Director and shall be a member of the staff of the Institute.

2. (b)

   In the exercise of his or her duties, the Secretary of the Board shall act as a registrar and shall be subject only to the authority of the Board.

1. (a)

   Appeals submitted to the Board shall only be admissible if the appellant has previously failed to obtain satisfaction through an internal administrative appeal to the Director.

2. (b)

   The appellant shall have a period of 20 days from the notification of the decision referred to in Article 28(3) of the Staff Regulations or from the date of rejection by one of the parties of the mediator's conclusions referred to in Article 28(4) of the Staff Regulations, in which to submit a written request that such decision be withdrawn or modified by the Appeals Board.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 Institute's Head of Administration and Personnel, who shall acknowledge receipt of it and initiate the procedure for convening the Board.

3. (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.

4. (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.

5. (e)

   Appeals shall not stay the execution of the decision being appealed.

1. (a)

   Appeals shall be transmitted immediately to the Director, who shall make his or her comments thereon in writing. A copy of these comments shall, within one month from the date of lodging the appeal, be communicated to the Secretary of the Board, and to the appellant, who within 20 days may make a reply in writing, a copy of which shall be communicated immediately to the Director by the Secretary of the Board.

2. (b)

   Appeals, together with the memorandums and the documentary evidence in support, the comments of the Director and the appellant's reply, if any, shall be communicated to the members of the Board by its Secretariat within three months of the lodging of the appeal and at least 15 days before the date of the meeting at which they are to be considered.

The Appeals Board shall be convened by its Chair. It shall in principle consider appeals submitted to it within four months of the date on which they were lodged.

1. (a)

   The meetings of the Appeals Board shall be held in private (unless the Board decides otherwise). The Board shall deliberate in secret.

2. (b)

   The Director or his or her representative, and the appellant shall attend the proceedings. They may make oral statements in support of the grounds adduced in their memorandums.

3. (c)

   The 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.

4. (d)

   The Board shall hear the parties and such witnesses as it deems may usefully give testimony in the proceedings. Any staff member called as a witness shall appear before the Board and may not refuse to give the required information.

5. (e)

   Persons attending a meeting of the Board shall in no case divulge any facts coming to their notice or any opinions expressed during the proceedings.

1. (a)

   In exceptional circumstances, the Board may make an interim order staying the execution of the decision being appealed, pending a final decision in accordance with points (b) and (c).

2. (b)

   Decisions shall be adopted by a majority vote. They shall be in writing and 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.

3. (c)

   The Board may, however, be requested to rectify a clerical or accidental mistake in a decision it has adopted. Requests for rectification must be submitted within six months of the date when the mistake was noted.