User:Mozart/Draft DRC procedure

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Purpose
This is a suggested process for the Dispute Resolution Committee. It aims to ensure that the DRC only hears disputes that it has jurisdiction to hear under article 12(6) of the Party Constitution, being those that relate to the Party, compliance and interpretation of the Constitution, and the rights and obligations of members, subordinate organisations and organs of the Party. It also aims to ensure that the DRC meets the requirements under article 12(7) of the Party Constitution to observe procedural fairness, conduct proceedings expeditiously, refer its determinations in writing to the National Council and declare real and apparent conflicts of interest.

Definitions
Within this procedure:


 * 1) 'applicant' means the party who makes an application,
 * 2) 'application' means a request to:
 * 3) resolve a dispute under under article 12.4 of the Party Constitution, or
 * 4) make a determination with regard to interpretation under article 9.2 of the Party Constitution,
 * 5) 'Committee' means the Dispute Resolution Committee,
 * 6) 'determination' means a decision made by Committee with regard to an application,
 * 7) 'organisation' means the Pirate Party,
 * 8) 'particulars' means the detailed facts claimed by the applicant or respondent in a dispute,
 * 9) 'party' means either the applicant or respondent,
 * 10) 'reasons' means the cause, explanation or justification for a determination of the Committee and may be written jointly or separately by the Members of the Committee,
 * 11) 'respondent' means the party against whom an application has been made, and
 * 12) 'submission' means written evidence and arguments submitted to the Committee.

Applications

 * 1) When the Committee receives an application it will notify the applicant that the application has been received.

Interim measures

 * 1) If necessary the Committee will make interim determinations as to:
 * 2) provisional measures,
 * 3) whether the Committee has jurisdiction to determine an application,
 * 4) whether any Member of the Committee has a real or apparent conflict of interest,
 * 5) whether the application has merit, and
 * 6) whether the application is of general interest to the organisation.
 * 7) A Member of the Committee must declare any real or apparent conflicts of interest to the Committee, the parties and the National Council.
 * 8) If a Member of the Committee has a conflict of interest in relation to a dispute they will recuse themselves unless the Committee and parties agree otherwise.
 * 9) In determining whether an application has merit the Committee will consider whether it is spurious or vexatious.
 * 10) In determining whether an application is of general interest to the organisation, the Committee will consider:
 * 11) whether the application relates to:
 * 12) a dispute between members, or
 * 13) a question of constitutional interpretation,
 * 14) whether the application involves an official within the party,
 * 15) whether publishing the application would unreasonably infringe the privacy of any party, and
 * 16) whether publishing the application would usefully promote transparency.
 * 17) Interim determinations and reasons will be communicated to the National Council, the applicant and the respondent (where applicable) once made.

Determinations

 * 1) If an application is to be pursued, the Committee will inform the applicant and the respondent (where applicable) and request any further particulars or submissions if necessary.
 * 2) Determinations should be made within 14 days of receipt of an application unless there are extraordinary circumstances.
 * 3) If the application is of general interest to the organisation, the Committee will:
 * 4) notify the members of the organisation via email and the forum:
 * 5) that the application will be pursued, and
 * 6) of the contents of the application,
 * 7) request via email and the forum that submissions be made by interested members within seven days, and
 * 8) publish submissions received, or a summary of submissions received.
 * 9) The Committee will hold conferences via an appropriate medium if necessary.
 * 10) The Committee will make its determination on a majority basis and it will be accompanied by reasons.
 * 11) Determinations and reasons will be communicated to the National Council, the applicant and the respondent (where applicable).

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