The statutes of the Norwegian Cancer Society § 10-5 regarding impartiality
Impartiality criteria
An employee, employee representative, engaged expert, member of a governing or advisory body, as
well as any other person who performs services or work for the Norwegian Cancer Society is
automatically disqualified from preparing the ground for a decision or from making a decision in a
case
a) when the person concerned is a party in the case
b) when the person concerned is related, directly or through marriage, to a party in the case through
the direct line of ascent or descent, or through collateral lineage as close as siblings
c) when the person concerned is or has been married to/a partner of/engaged to/cohabited with or
is a foster parent/foster child to a party in the case
d) when the person concerned is a guardian or proxy representative of a party in the case or has
become so since the case began
e) when the person concerned has a leading position in, or is a member of the board or general
meeting of a public or private enterprise that is a party in the case
f) when the person concerned is a party in another case that is in direct competition with the case to
be dealt with
Likewise, the person concerned is disqualified if there are other special circumstances that are likely
to undermine the credibility of the said person’s impartiality. Among other things, emphasis shall be
placed on whether the decision in the case may entail any special advantage, loss or disadvantage for
the person concerned or someone with whom the said person has a close personal association.
Emphasis should also be placed on whether an impartiality motion for disqualification has been
submitted by a party.
If an employee, employee representative, engaged expert, member of a governing or advisory body
or any other person who performs services or work for the Norwegian Cancer Society is disqualified,
the decision in the case cannot be made by a direct subordinate in the same body.
The rules on impartiality shall not apply where it is obvious that the connection to the case or to the
parties will not affect the stance of the party concerned, and where neither public nor private
interests dictate that the said person should stand down.
Decision on impartiality issue
The person concerned decides himself/herself whether he/she is disqualified. If a party so requests,
and this can be done without undue loss of time, or the said person otherwise finds reason to do so,
the issue shall be presented to their immediate superior for a decision. In collegiate bodies the
decision is made by the body itself, without the participation of the person concerned. If questions
arise regarding the impartiality of several members in one and the same case, none of the said
members can participate in the decision on their own impartiality or that of another member, unless
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the body would otherwise fail to form a quorum on the issue. In the latter case, all attending
members shall participate.
An employee, employee representative, engaged expert, member of a governing or an advisory
body, as well as any other person who performs services or work for the Norwegian Cancer Society
shall give sufficient notice of any factors that disqualify or could disqualify the person concerned.
Before the issue is decided, a deputy or other substitute should be summoned to attend and
participate in the decision, where this can be done without undue expense or loss of time.
Written confirmation
Employees, employee representatives, engaged experts, members of governing or advisory bodies
or other persons who perform services or work for the Norwegian Cancer Society shall, when
taking up their post and/or appointment, confirm in writing that they are familiar with the
society’s rules on impartiality.
Agenda
Impartiality shall be a fixed item on the agenda of all meetings of the Norwegian Cancer Society's
governing or advisory bodies. The minutes shall record that the issue was on the agenda, which
matters were discussed, and the decision that was made.
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