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CDL-AD(2013)019
71.
The Internal Regulation of the Higher Committee specifies the modalities of meetings
and other work processes. Article 6 of the Internal Regulation states that Committee
members who are absent from ordinary general meetings three consecutive times in a row
without a justified reason, shall be considered to have given up their membership. In this
case, they are replaced for the remaining term of office “in accordance with the legislation in
force” (presumably the Law).
72.
The dismissal and replacement of members of the Committee should not be laid
down in internal working procedures such as the Internal Regulation, but rather in the text of
the Law. Habitually, members shall be dismissed in the same manner by which they are
appointed. Ideally, based on previous recommendations to have members of the Higher
Committee appointed by the National Assembly or Parliament, this should thus also happen
via a qualified majority decision taken by the National Assembly/Parliament, though the
appointing body should not have sole discretion in such matters (see pars 55-56 supra). In
order to preserve the independence of the Higher Committee, the dismissal of its members
shall under no conditions be based on the mere presumption of a person having given up
his/her membership in the Higher Committee. Should a member not attend numerous
consecutive meetings in a row without proper justification, then the Chairman should first
raise this with the respective member, and then with the National Assembly or Parliament.
The National Assembly/Parliament shall then take the appropriate decision, following a
transparent procedure set out in the Law, which shall include other relevant bodies as well,
and which shall also allow the respective individual to be heard.
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