The appointment of a member of the Sanctions Committee may be challenged by an entity under investigation in cases where a serious reason for doubting this member’s impartiality can be identified. In addition, if a Committee member believes that his/her impartiality could be challenged, or considers that he/she should not be party to a Committee decision, he/she must inform the Chairman of his/her decision to abstain (Article L. 612-38 and Articles R. 612-40 to R. 612-43 of the Monetary and Financial Code).
These appointment conditions guarantee the independence of Committee members and ensure their professional and legal expertise for examining the disciplinary procedures. The sessions of the Sanctions Committee of the ACPR bring together five to three members. Should the Chaiman of the Committee be challenged or step down, he/she shall be replaced by the second regular State Councillor; the alternate Chairman is then in session as a deliberating member (Article R. 612-46).
Updated on: 06/12/2018 10:24