The members of the Enlarged Board of Appeal and of the Boards of Appeal shall be appointed for a term of five years and may not be removed from office during this term, except if there are serious grounds for such removal and if the Administrative Council, on a proposal from the Enlarged Board of Appeal, takes a decision to this effect.
The Administrative Council shall exercise disciplinary authority over the employees referred to in paragraphs 1 to 3 [which includes members of the Boards of Appeal].
do you know if the suspended member of the BoA has the right to a defense and/or to provide his own arguments in front of the AC?And exactly, who is the (independent) judge and/or jury here? Who decides what constitutes defamation?Is there any chance to appeal the decision, internally or externally?
Proceedings under Article 23, paragraph 1, first sentence, EPC
(1) A request that the enlarged Board of Appeal make a proposal for the removal from office of a member under Article 23, paragraph 1, first sentence, EPC may be made to the Enlarged Board either by the Administrative Council of the European Patent Organisation or by the Vice-President of the European Patent Office in charge of the Boards of Appeal.
(2) In the case of such a request being made by the Administrative Council, the Administrative Council shall be a party to the proceedings. The Vice-President of the European Patent Office in charge of the Boards of Appeal shall also be entitled to be heard in such proceedings.
(3) In the case of such a request being made by the Vice-President in charge of the Boards of Appeal, he shall be a party to the proceedings. [so the prosecutor will be the Administrative Council or the Vice-President in charge of the Boards of Appeal]
(4) The member who is the subject of a request to make a proposal to their removal from office under Article 23 paragraph 1, first sentence, EPC shall be a party to the proceedings as respondent. [so the accused member of the Boards of Appeal has a right of defence]
(5) The request referred to in paragraph 1 shall set out all the facts, arguments and evidence relied on. All documents referred to shall be attached.
(6) The proceedings shall be conducted in writing, where necessary or requested supplemented by oral proceedings, according to Article 14, and may not be concluded without the respondent being informed of the facts, arguments and evidence underlying the request and having had the opportunity to be heard on them. The respondent may appoint a person to advise or represent him. [and the accused member of the Boards of Appeal has a right of representation]
(7) Article 117, paragraph 1, EPC shall be applicable. [all means of giving evidence recognised by the EPC will be permitted]