The translation of the Ethics Council’s Rules of Procedure into English is intended solely as a convenience to the non-German-reading public. The English version is not binding and has no legal effect for compliance or enforcement purposes.
Preamble
Pursuant to section 6(2) of the Ethics Council Act (Ethikratgesetz), the German Ethics Council adopts the following Rules of Procedure.
Section 1
Independence of members. Partiality. Duty of confidentiality. Suspension of membership
(1) The members are not bound by instructions. They represent their personal convictions and are bound only by their conscience.
(2) If, in connection with a particular issue, there is concern that there may be a conflict of interest, the member in question shall notify the chair or the vice-chairs of this and discuss the matter with the chair or vice-chairs. If this discussion does not result in agreement as to whether there is a conflict of interest, the Council shall decide in the absence of the member in question as to whether that member is to take part in the relevant deliberations and voting.
(3) The members have a duty of confidentiality with regard to the deliberations in closed session and the documents described as confidential.
(4) A member may request the chair to permit his or her membership to be suspended. The suspension of membership means that the member will continue to receive all notices from the office but will no longer attend meetings of the plenum and the working groups, and that the absence of the Council member from these meetings shall be deemed to be excused without any further communication. Suspension of membership also means that the Council member does not take part in votes and elections of the German Ethics Council, is not taken into account in position statements and dissenting position statements of the German Ethics Council and will no longer appear in public as a member of the German Ethics Council. The suspension of membership shall end as soon as the member in question informs the chair that the reasons for suspension no longer apply.
Section 2
Resolutions
(1) The Council shall constitute a quorum if more than half of the members are present. Unless other majorities are prescribed, the Council shall decide by the majority of the members present.
(2) Resolutions may be passed in writing or by electronic means, if the Council so resolves by a majority of the members present.
Section 3
Chair
(1) The chair and the vice-chairs shall be elected by an absolute majority of the members of the Council. If this majority is not reached on the first ballot, there shall be a second ballot. This ballot shall decide between the two candidates with the most votes in the first ballot; the decision shall be by a simple majority. In the event of a tie here, after a further discussion there shall be a further (third) ballot. If this too results in a tie, there shall be a decision by drawing lots. The Council shall decide by simple majority on the number of deputies.
(2) The chair or a vice-chair shall conduct the meetings and be responsible for preparing the agenda. He or she shall represent the Council. If the chair is prevented, the vice-chairs shall exercise his or her duties in the sequence determined by the Council. With the consent of the Council, he or she may assign individual duties to the vice-chairs.
Section 4
Work programme
The Council shall adopt a work programme. The programme will, as a general rule, be updated once a year.
Section 5
Meetings
(1) Meetings will, as a general rule, be held once a month in Berlin.
(2) The date of each meeting shall be set by the Council a considerable time in advance. An extraordinary meeting shall be held within ten days at the request of a minimum of seven members.
(3) The agenda of each meeting shall be provisionally decided in the previous meeting. The chair and/or the vice-chairs may add further items to the agenda if a need for this arises subsequently. They should do this if it is requested by three members. A final decision on the agenda shall be made by resolution at the beginning of the meeting itself.
(4) Notices convening meetings, with the agenda attached and the necessary documentation, shall be sent at the latest ten days in advance. In the case of extraordinary meetings, the notice period shall be three days.par
Section 6
Public nature of meetings
(1) Pursuant to section 7 of the Ethics Council Act, the plenary meetings of the Council shall, as a general rule, be public. A decision to meet in closed session shall be passed by the votes of the majority of the Council. The meetings of the working groups shall not be public.
(2) Agenda items that pursuant to paragraph 1 are to be discussed in public shall be so identified on the agenda. This will be published on the Internet.
(3) Admission to the public meetings shall be subject to availability of seats. In individual cases, the Council may permit sound and image recording.
Section 7
Minutes
(1) Resolution minutes of the meetings shall be made. The minutes shall be sent to all members within two weeks after the meeting. Any objections must be made within ten days after the sending. If objections are not complied with, a decision shall be made on them in the next meeting.
(2) The minutes of the public meetings and events shall be published on the Internet. The results of deliberations in closed session may also be published on the Internet.
Section 8
Expert reports, experts and guests
The Council may arrange for investigations to be carried out and expert reports made and may enlist the services of experts in its work. In addition, representatives of the constitutional bodies authorised to instruct the Council, of public authorities and institutions, of organisations and associations, and other guests may be invited to attend deliberations on individual topics.
Section 9
Rapporteurs, working groups
(1) The Council may appoint members, with their consent, as rapporteurs on specific topics.
(2) In addition, the Council may form working groups from its members to prepare specific topics, but also to discuss whole subject areas. The working groups shall appoint their spokesperson and, if necessary, rapporteurs, who shall present the results of their work to the Council.
(3) Section 8 applies to the working groups, with the necessary modifications.
Section 10
Position statements and publications
(1) Opinions, recommendations, reports and annual reports shall be adopted, after an oral discussion of the draft submitted by the rapporteur or spokesperson of the working group, by the plenum in a meeting or in writing or by electronic means under Section 2 (2) above. The adoption of Opinions shall be subject to the procedure set out in the Appendix to the Rules of Procedure. Where Opinions with dissenting position statements/recommendations are published, the Council members shall be listed by name beneath the position statement/the recommendation which they have chosen. In the case of an abstention, the member(s) shall not be named.
(2) At the request of members whose views diverge from the majority opinion, dissenting position statements shall be attached to the majority opinion.
(3) The Council shall decide in each case on the date and manner of publication of Opinions, recommendations, reports and annual reports after they are forwarded to the Federal Government and the Bundestag.
Section 11
Cooperation with German Bundestag and Federal Government
(1) The Council shall provide the German Bundestag or a parliamentary body appointed by the German Bundestag and the Federal Government with the agendas of its meetings.
(2) The Council may invite members of the Bundestag and the Federal Government to attend particular deliberations.
Section 12
Office, budget
(1) The Council shall be supported in carrying out its duties by an administrative office. The staff of the office shall be subject to the specialist instructions of the Council and – where matters of day-to-day business are concerned – of the chair or of the vice-chairs.
(2) The Council shall decide on the basis of relevant submissions of the chair or the vice-chairs on the organisation of the office and, where executive-grade posts are concerned, on filling these, and on the appropriation of the total budget funds at its disposal.
(3) The staff of the office shall attend meetings as stipulated in detail by the Council.
Section 13
Amendments to the Rules of Procedure
Amendments to the Rules of Procedure require the consent of a two-thirds majority of the members of the Council.