Jean-Michel Favre (CERN Legal Service)

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Presentation transcript:

Jean-Michel Favre (CERN Legal Service) OVERVIEW OF THE GOVERNANCE STRUCTURE OF CERN Jean-Michel Favre (CERN Legal Service)

What is CERN? Background Mission and activities (cf. Article II Convention) Membership Personnel International status Power to enact internal legislation

Background Intergovernmental Organization established by the Convention of 1 July 1953 (in force in 1954, revised in 1971) Restore scientific pre-eminence of Europe and peaceful collaboration between European States after WWII Full name: European Organization for Nuclear Research; acronym CERN referring to the body in charge of the drafting of the Convention: Conseil européen pour la Recherche nucléaire First established in Switzerland (Headquarters Agreement in 1955) and then extended into France (Status Agreement in 1965, revised in 1972) Unique location on two States

Mission and activities (cf. art. II) Provide for collaboration in particle physics Foster international cooperation in/outside CERN in particular: design, construction and operation of accelerators and particle detectors Scientific results made openly available No work for military purposes Coordination of particle physics policy in Europe

Membership Currently 22 Member States Enlargement process (new Member States and Associate Member States); Membership open to non-European States since 2010 4 Associate Member States (India, Pakistan, Turkey, Ukraine) 3 Associate Member States in the pre-stage to Membership (Cyprus, Serbia, Slovenia) 6 Observers to Council (States: Japan, Russia, USA – IGOs: EU, JINR, UNESCO)

Two categories of personnel For the fulfilment of its mission (construction and management of the Lab’s facilities, international collaboration), CERN has Two categories of personnel Employed personnel (ca. 3200, including 750 fellows) Staff members Fellows Associated personnel (ca. 13000) scientists, engineers and technicians linked to a home institution and using CERN infrastructure for their experiments / assisting CERN in the construction of accelerators / detectors International collaboration (Users) Exchange of scientists (e.g. Scientific Associates, Guest Professors) Training (Apprentices, Students, Trainees)

International status For the fulfilment of its mission (construction and management of the Lab’s facilities, international collaboration), CERN has An international status in its Host, Member and Associate States (cf. Host State Agreements and Protocol on Privileges and Immunities) guaranteeing its independent functioning, in particular fiscal advantages to facilitate execution of CERN’s activities (e.g. exemption from VAT) CERN salaries subject to internal tax and exempt from national income tax Immunity from jurisdiction for CERN and its personnel International legal personality Inviolability of premises

Power to enact internal legislation As an international organization, CERN Adopts its own rules necessary for its functioning (Staff Rules; Financial Rules, including Procurement Rules; Safety Rules) Established its own social security system comprising a health insurance scheme (CHIS) and a pension scheme (Pension Fund) -CHIS and PF Rules approved by Council -Comprehensive social security system as the sole source of social protection for CERN employees

How is CERN governed? CERN’s main bodies Overview Council: main attributions Director-General: main functions Council’s subordinate bodies: main functions

CERN’s main bodies Council Director-General Supreme decision-making body Decides on major aspects of CERN activities Composed of Member States’ representatives Director-General Chief Executive Officer Appointed by Council Manages CERN under Council supervision

Overview Supreme Decision-Making Authority Management structure COUNCIL SPC FC PFGB AC TREF External Auditors Director-General Finance and Human Resources HR FAP SMB IPT Accelerators and Technology TE BE EN Research and Computing TH IT EP DG Unit International Relations Communication, Education, Outreach Relations with States and IGOs Overview Supreme Decision-Making Authority Management structure Health Safety Environment Legal Service Internal Audit Council Support Council subordinate bodies Several services attached directly to the DG (Internal Audit; Legal Service; Health and Safety and Environmental Unit; Council Support)

Council: main attributions Determines the Organization’s policy in all scientific, technical and administrative matters Appoints the Director-General, Directors and Department Heads on DG’s proposal Establishes its subordinate bodies Approves the programme of activities of CERN, its budget and medium-term plan Approves the employment conditions of CERN staff, including their pension conditions, and other rules essential for CERN functioning Admits new Member States and Associate Member States Signs off the European strategy for particle physics

Director-General: main functions Manages the Organization Prepares and submits proposals for decision by the Council in all domains (scientific, technical and administrative) Executes Council’s decisions, assisted by CERN personnel Secretary of the Council Legal representative of CERN (except for Pension Fund) Prepares and submits proposals for decision by the Council in all domains (scientific, technical and administrative): e.g. budget and MTP, scientific programme, employment conditions

Council’s subordinate bodies: main functions Advice on financial matters Approval of the award of contracts Finance Committee Advice on scientific priorities (+ related financing and staffing) Advice on European strategy for particle physics Advice on any matter affecting the scientific activities Scientific Policy Committee Advice and guidance on the adequacy and effectiveness of CERN’s (and its PF’s) arrangements relating to, i.a., risk management, internal control framework, internal and external audit Audit Committee Brings together Council Delegates, Management and Staff Association to discuss Management’s proposals regarding employment conditions and to facilitate approval Tripartite Employment Conditions Forum Overall management of the Pension Fund Advice on any issues relating to the financial position of the Pension Fund Pension Fund Governing Board

THANK YOU FOR YOUR ATTENTION