2.4.De COM heeft een tuchtreglement waarin, voor zover nu relevant, de volgende bepalingen zijn opgenomen:
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ARTICLE 2º
DISCIPLINARY POWER
The disciplinary power is a competence of the Board of Directors of the COM, and by delegation, of its disciplinary sub-committees and of the Executive Committee of the OMJ, in accordance with the rules defined in the following articles .
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ARTICLE 9º
EFFECTS OF PENALTIES
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2 - The penalty of suspension consists in the complete exclusion of the offender from all
ornithological activities of the COM, and also implies the loss of the exercise of the right to be elected or appointed for tasks in social bodies or managing any organ of the COM during the period of suspension.
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ARTICLE 14º
APPLICATION OF THE SUSPENSION PENALTY UP TO TWO YEARS
1 - The penalty of suspension up to two years, is generally applicable to cases of conscious
procedure demonstrating vigilance and diligence clearly inferior to what is essential for the
exercise of the ornithological activity of the associates, or intentional procedure which awaits
against the correction of diligence essential to the exercises of the ornithological activity, as a simple associate or even of director or judge, or by the affiliated institutions, as well as to the respect of the rules envisaged in the regulations and statutes of the COM
2 - This penalty will be applied in particular to all those who:
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h) Did not respect, in a negligent manner, the duties provided for in the regulations and statutes of the COM and the applicable law.
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k) Do not respect, in a repeated manner, the rules and provisions of the Code of Ethics of the
COM
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ARTICLE 15º
APPLICATION OF SUSPENSION PENALTY UP TO TEN YEARS, LOSS OF QUALITY OF JUDGE OMJ AND DISMISSAL
1 - The penalty of suspension up to ten years is generally applicable in all cases of intentional
conduct of a legal, statutory or regulatory offense which by its extreme seriousness and
consequence, or of especially detrimental quality, implies the lasting prevention of the handling of the agent as ornithological practitioner.
2 - This penalty is specifically applicable to all those who:
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f) Non-respect, or reiterated and ostensive opposition to the legitimate decisions emanating
from the confederal organs.
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h) Cause damage to the Confederation by its participation or profit-sharing, direct or indirect, in an act or contract celebrated or to be celebrated.
i.
i) i) Violent, in a serious and repeated manner, the rights and guarantees of the partners
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ARTICLE 19º
CHARACTERISTICS OF THE DISCIPLINARY PROCESS
The disciplinary process is of summary investigation, it does not depend on special formalities, and must be carried out in such a way as to allow knowledge of the truth, by employing the means necessary for a rapid conclusion , exempt from it all that is unnecessary, impertinent or dilatory, without prejudice to the freedom of the accused to present all the evidence necessary for his defense, in the terms of the following articles.
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ARTICLE 21º
NULLITIES
1 - In the disciplinary process, only the failure to hear an accused person is the reason that
determines the nullity of the trial.
2 - If investigations considered necessary have been required, a contradictory instruction will
follow, otherwise a decision must be taken immediately by the competent entity.
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ARTICLE 26º
DECISION ON THE ESTABLISHMENT OF DISCIPLINARY PROCEDURE
1 - After receipt of a report containing facts liable to a disciplinary offense, it must be sent to one of the Disciplinary Committees of the COM, set up in accordance with these regulations. p>
2 - The competent Disciplinary Committee must decide whether the report should be archived
or whether disciplinary proceedings are initiated
3 - Its competent to take the decision provided for in number 1, the following Disciplinary
Committees
a.
a) The Executive Committee of the OMJ, for possible offenses of a technical nature, or those
where the accused are OMJ judges.
b) The Disciplinary Sub Committee of COM A, constituted by 3 members of the Steering
Committee: Deputy Chairman, a Vice-Chairman (the oldest in the committee) and the
Secretary,
c) The disciplinary Sub-Committee of COM B, constituted by 3 members of the Steering
Committee: a VicePresident, the Treasurer and the Assistant Secretary
d) The full COM Steering Committee, which has exclusive disciplinary powers in cases where the accused are members of the OMJ Executive Committee or the COM Steering Committee.
e) Appeals are decided by the full COM Steering Committee, except the following case in f)
f) The Statutory Congress of the COM, which has exclusive powers to decide the appeals
presented in the disciplinary proceedings or the accused are members of the Board of Directors of the COM and of the Executive Committee of OMJ (in accordance with article 35º-3).
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ARTICLE 27º
APPOINTMENT OF A DISCIPLINARY PROCEDURE INSTRUCTOR
1 - The entity establishing the procedure must appoint one of its members as instructor, who can choose a secretary from among the other members of the entity concerned.
2 - Technical expertise may be required and experts may be called upon to collaborate.
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ARTICLE 35º
ELIGIBILITY
1 - From the deliberations of the Disciplinary Committees of the COM, an appeal is allowed, only in accordance with the articles of this Regulation
2 - From the deliberations of the Disciplinary Sub-Committees A and B of the COM, and the
Executive Committee of the OMJ, an appeal presented to the full COM Steering Committee is admissible.
3 - From the deliberations of the Board of Directors of the COM, an appeal is possible only in the cases provided for in article 26º, 3 d), presented to the Statutory Congress of the COM.
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5 - Appeals may be presented within 60 days of notification of the trial decision to the accused.
6 - The appeal to the Statutory Congress of the COM must be presented, by registered letter sent to the President General of the COM, at least 60 days before the date of the Congress.
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