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Guidelines on Impartiality in NordForsk 1.0 …

Tags: act chapter, administration act, advisory bodies, ascent, confidence, decisions, foster parent, guardian, impartiality, institutions, marriage, nationality, public administration, sibling, special circumstances,
Pages: 3
Language: english
Created: Wed Jul 4 13:37:44 2007
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                      Guidelines on Impartiality in NordForsk


1.0      Purpose

These guidelines are made to ensure that NordForsk employees, experts and
members of the institutions governing and advisory bodies remain impartial and are
perceived as being impartial. Furthermore, these guidelines are designed to promote
confidence in decisions made by NordForsk.

The Norwegian Public Administration Act, chapter II "Concerning disqualification"
applies to all employees, experts and members of the governing and advisory bodies
of NordForsk. These rules have been adapted to the needs of NordForsk, and are as
follows:


2.0      Disqualification based on discretionary assessment

An employee, expert or member of governing and advisory bodies of NordForsk shall
be disqualified from preparing the basis for a decision or from making any decision in
a case if there are any special circumstances which are apt to impair confidence in
his or her impartiality.

Any of the abovementioned individuals shall be well aware of the fact that nationality
shall not influence on their decisions concerning applications.


3.0      Automatic disqualification

An employee, expert or member of governing and advisory bodies of NordForsk shall
automatically be disqualified from preparing the basis for a decision or from making
any decision in a case

      a) if he himself or she herself is party to the case
      b) if he or she is related by blood or by marriage to a party in direct line of ascent
         or descent, or collaterally as close as a sibling
      c) if he or she is or has been married or engaged to, cohabitant with or the
         registered partner or a party, or is the foster parent of foster child of a party
      d) if he or she is the guardian or agent of a party to the case or has been the
         guardian or agent of a party after the case began
      e) if he or she is the head of, or holds a senior position in, or is a member of the
         executive board or the corporate assembly of a public or private institution that
         is a party to the case
      f) if he or she is, within the last three years has served as, the doctorate-level
         advisor for a party to the case
      g) if he himself or her herself is a party to the case in direct competition with the
         case being processed.




Opprettet 19.04.2007 15:33:00
      Comment to disqualification due to competition:
      A key criterion in the concrete assessment of disqualification due to competition
      will be whether the rejection of one or a small number of competing grant
      applications would substantially improve the likelihood of approval of the
      application that is the object of the impartiality discussion, i.e. whether the
      member involved has any special interest in the rejection of certain other
      applications. The degree to which the disqualification will apply in relation to the
      entire group of applications must be clearly specified.

If a NordForsk employee is disqualified, the case may not be decided by any
employee directly subordinate to the disqualified individual. If the Director is
disqualified, the case shall be decided by a group of employees among the Senior
Advisors. In special circumstances the case shall be decided by the Chair of the
Board or whom she or he delegates.

Every effort should be made to assess impartiality on a discretionary basis. Such
assessment should primarily be focused on whether special circumstances exist that
could impair confidence in a member's impartiality. In other words, the crucial
element here is not whether there is reason to believe that an individual will act in a
non-impartial manner, but whether confidence in this individual is likely to be
diminished. It is on the basis of how this will be perceived by the parties involved, as
well as by the public at large, that the assessment must be carried out.

The Norwegian Research Council has made a List of topics/Examples to illustrate
relevant problems regarding impartiality, which might be helpful in efforts to assess
matters relating to impartiality. This list can be found on www.forskningsradet.no.


4.0      Declaration on impartiality and confidentiality

NordForsk's employees, experts and members of governing and advisory bodies
must sign a declaration concerning impartiality and confidentiality.


5.0      Administrative proceedings

The individual employee, expert referee and member of NordForsk's governing and
advisory bodies shall give notice to NordForsk of any circumstances that render or
may render him/her disqualified.

With regards to the question of disqualification of any of the abovementioned, the
decision will be determined by the Director of NordForsk in dialogue with the person
involved. The Director may delegate this decision to other employees at NordForsk.

The agenda for all relevant meetings shall include a discussion of matters relating to
members impartiality. The minutes from the meeting shall indicate in brief that the
question of disqualification appeared on the agenda, which issues have been
discussed and the final decisions taken.




Opprettet 19.04.2007 15:33:00
In the event that a member is deemed disqualified to participate in a matter, her or
she shall leave the room during the preparation and completion of the relevant
case(s).




Opprettet 19.04.2007 15:33:00