Judgment_paragraph 150 · AX v European Central Bank (F-73/13)

150Even if the members appointed by the administration and those appointed by the Staff Committee are not as equally balanced as in the corresponding provisions of the Staff Regulations, the Tribunal is of the opinion that (i) the composition of the Disciplinary Committee, in particular the inter-departmental origin of its members, (ii) the fact that Article 8.3.7 of the Staff Rules provides that ‘[t]he deliberations and proceedings of the Disciplinary Committee shall be treated as personal and confidential in accordance with the ECB’s internal rules on confidentiality [and that t]he members of the Disciplinary Committee shall act in their personal capacity and shall be completely independent in the performance of their duties’, (iii) the collegial nature of the deliberations and, lastly, (iv) the possibility for the member of staff concerned to object to one of its members constitute, in a context not governed by the Staff Regulations, sufficient guarantees as to the impartiality and objectivity of the Opinion which the Disciplinary Committee compiles and adopts for the benefit of the Executive Board (see, to that effect, judgment in Onidi v Commission, T‑197/00, EU:T:2002:135, paragraph 132).