Withdrawal
1. A member of the Ethics Committee shall decline to participate in any investigation or hearing concerning a matter where there are serious grounds for questioning his impartiality.
2. The foregoing shall apply, in particular, in the following cases:
- a. if the member in question has a direct interest in the outcome of the matter;
- b. if he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceedings; or has expressed an opinion concerning its outcome; or when the immediate family of the member is a party to the subject matter in controversy or is a party to the proceedings, or has any other interest that could be substantially affected by the outcome of the proceedings and his impartiality;
- c. if he has the same nationality as the party implicated or under investigation;
- d. if he has already dealt with the case in a different function.
3. Members who decline to participate in a meeting shall notify the chairman immediately.
4. An objection against a member of the Ethics Committee believed to be biased must be submitted within five days following the identification of the grounds for non-participation, failing which, such objection shall be deemed waived. The claim must cite the grounds and, if possible, be substantiated.
5. The chairman of the relevant chamber shall decide whether any such claim is valid if the member in question has not declined to participate of his own accord. If the objection is against the chairman, the present panel of the respective chamber shall decide.