5.4. Independence from disciplinary proceedings

According to Art. 12a(8) RPEBA, proceedings under Art. 23(1) EPC are to be conducted independently of any disciplinary or national proceedings. In G 2301/15, the Enlarged Board stated that Art. 23(1) EPC requires that the Administrative Council may apply to a board member the most severe disciplinary sanction available (dismissal) only if it has first received a proposal for his or her removal from office from the Enlarged Board. The administrative disciplinary proceedings before the appointing authority are separate from the judicial proceedings before the Enlarged Board, which must satisfy itself that the allegations are true, and so serious as to require the removal from office.

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