Judgment No. 1673

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 29.01.1998
• Original: French
• Judges: Ba, Gentot, Egli
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 5

Extract:

Whether proceedings are judicial or disciplinary it would be a breach of due process "to let one of the parties address issues of fact or of law without letting the other attend and comment."

Keywords

adversarial proceedings; right to reply; disciplinary procedure

Consideration 6

Extract:

The duty to explain a decision or a conclusion "will be discharged even if the reasons are stated in some other text to which there is express or even implied reference, for example where a higher authority endorses the reasoning of a lower one or a recommendation by some advisory body."

Keywords

procedure before the tribunal; decision; duty to substantiate decision; grounds; advisory opinion; motivation; motivation of final decision