Judicial review (538, 540, 542, 544, 547, 548, 549, 550, 551, 553, 555, 557, 558, 862, 559, 561, 563, 565, 569, 571, 572, 927, 841,-666)
You searched for:
Keywords: Judicial review
Total judgments found: 548
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 | next >
Judgment 1362
77th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The constant thrust of the three earlier judgments was to secure from the organization [...] discharge of its obligation to communicate to [the complainant] a proper decision. He might then impugn that decision if it was not to his liking, and the Tribunal might if need be review the reasons for it, which is something it has not yet been able to do. The complainant is entitled to such decision as a matter of course, without having to ask for it and without delay. That obligation WIPO has stubbornly ignored, it is in breach of the rule of law in the international civil service, and that is not to be brooked."
Keywords:
application for execution; continuing breach; execution of judgment; express decision; international civil service principles; judgment of the tribunal; judicial review; organisation's duties; right of appeal;
Judgment 1355
77th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the case law - especially Judgment 1235 [...] - the Director-General is not bound by the appointment and Promotion Committee's recommendations and in particular need not appoint the candidate the Committee has put first. In the exercise of discretion, he must ensure that his choice is not tainted with any mistake of law or fact and, to allow the tribunal to exercise its power of review, he must state the reasons for his decision."
Reference(s)
ILOAT Judgment(s): 1235
Keywords:
advisory body; advisory opinion; appointment; candidate; case law; competition; discretion; duty to substantiate decision; executive head; judicial review; limits; mistake of fact; promotion board;
Consideration 9
Extract:
"Any promotion wholly or even mainly based on considerations of sex would unquestionably be unlawful."
Keywords:
candidate; discretion; flaw; judicial review; promotion; sex discrimination;
Consideration 9
Extract:
"Qualifications being comparable, it was lawful for the Union to apply the test of seniority" when picking a candidate for promotion.
Keywords:
candidate; competence; criteria; discretion; judicial review; promotion; seniority;
Consideration 8
Extract:
"There is no rule or principle of law that requires the Director-General to state in so many words just why he has turned someone down for promotion or appointment. What matters is that, if the official asks, the reasons must be revealed. Otherwise the Tribunal may not exercise its power of review and determine whether the reasons are lawful and the decision sound."
Keywords:
appointment; candidate; decision; duty to substantiate decision; general principle; grounds; judicial review; no provision; official; organisation's duties; post; promotion; refusal; request by a party; subsidiary; written rule;
Judgment 1352
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"In the case of dismissal of a probationer the employer is to be allowed the widest discretion and the decision will be quashed only if the mistake or the illegality is especially serious or glaring: see, for example, Judgment 687 [...], under 2."
Reference(s)
ILOAT Judgment(s): 687
Keywords:
case law; discretion; flaw; judicial review; limits; probationary period; termination of employment;
Judgment 1349
77th Session, 1994
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"An organisation enjoys wide discretion in deciding whether or not to renew a fixed-term appointment and a fortiori whether to convert it into an indefinite one. The exercise of such discretion is subject to review, but only to limited review, the Tribunal respecting the organisation's freedom to determine its own requirements and the career prospects of staff."
Keywords:
amendment to the rules; contract; discretion; duration of appointment; fixed-term; judicial review; limits; non-renewal of contract; organisation's interest; permanent appointment;
Consideration 14
Extract:
"Professional shortcomings are a typical justification for straightforward separation on expiry of a temporary appointment".
Keywords:
cause; contract; fixed-term; judicial review; non-renewal of contract; organisation's interest; unsatisfactory service;
Judgment 1334
76th Session, 1994
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
"The Tribunal must make it plain that it will not interfere in the Agency's exercise of its discretion to determine the sort of additional duties or constraints that earn special compensation over and above the payment of salary for the performance of normal duties. Nor, if the Agency believes special compensation to be warranted, will the Tribunal, save in obviously anomalous cases, rule on the form such compensation should take or the arrangements for granting it."
Keywords:
compensatory allowance; discretion; judicial review; limits; proportionality; salary;
Judgment 1332
76th Session, 1994
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The Director-General's decision, being discretionary, is subject to limited review by the Tribunal and may be set aside for example if he obviously misconstrued the facts. But he did not."
Keywords:
discretion; executive head; judicial review; limits; mistake of fact;
Judgment 1328
76th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The possibility of cancellation of WIPO's recognition of the Tribunal's jurisdiction calls for no comment save that making an international organisation's decisions subject to judicial review affords a basic safeguard both of its own interests and of staff rights."
Keywords:
application for execution; competence of tribunal; declaration of recognition; judicial review; organisation's interest; right of appeal; safeguard; staff member's interest;
Judgment 1324
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
See Judgment 525, consideration 4.
Reference(s)
ILOAT Judgment(s): 525
Keywords:
abuse of power; amendment to the rules; decision-maker; discretion; disregard of essential fact; exception; executive head; formal flaw; home; home leave; judicial review; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw;
Judgment 1317
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
Several recent rulings [...] sharply define the ambit of such review in line with the case law affirmed from the outset: see Judgments 956 [...] under 2 and 3; 1262 [...] under 4; and 1273 [...] under 8.
Reference(s)
ILOAT Judgment(s): 956, 1262, 1273
Keywords:
abuse of power; case law; contract; decision; discretion; due process; duty to substantiate decision; fixed-term; flaw; formal flaw; judicial review; mistake of fact; misuse of authority; non-renewal of contract; notice; organisation's interest; procedural flaw; right to reply;
Judgment 1312
76th Session, 1994
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
See Judgment 1317, consideration 24.
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
case law; contract; discretion; fixed-term; judicial review; mistake of fact; non-renewal of contract;
Judgment 1300
75th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The recommendation by the complainant's division leader "may not concur with favourable assessments by people outside the organization, but if the Tribunal gave those other assessments priority over the views of the complainant's own supervisors it would be going beyond the bounds of its own discretion."
Keywords:
judicial review; supervisor; work appraisal;
Judgment 1298
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Vide Judgment 1154, consideration 4.
Reference(s)
ILOAT Judgment(s): 1154
Keywords:
case law; contract; decision; discretion; duty to inform; duty to substantiate decision; fixed-term; judicial review; non-renewal of contract; organisation's duties;
Judgment 1292
75th Session, 1993
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"When the Director-General asks the Swiss government to confer diplomatic status, he is exercising his discretion. [...] So the Tribunal will not interfere with his decision unless he has committed some procedural or formal error or a mistake of law or of fact, or applied some wrong principle, or drawn illogical conclusions from the evidence before him."
Keywords:
discretion; executive head; flaw; judicial review; mistake of fact; mistaken conclusion; privileges and immunities; procedural flaw; status of complainant;
Judgment 1290
75th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Director-General enjoys wide discretion in the matter of renewal of a fixed-term appointment and the Tribunal will exercise only a limited power of review. It will, moreover, show special restraint when a decision not to renew rests on appraisal by the staff member's own supervisors: because of their technical qualifications and familiarity with his work and personal attributes they are, after all, best fitted to advise the Director-General."
Reference(s)
ILOAT Judgment(s): 1184
Keywords:
contract; discretion; executive head; fixed-term; judicial review; non-renewal of contract; supervisor; work appraisal;
Judgment 1284
75th Session, 1993
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Precedent has it [...] that the Tribunal may not replace the Board's assessment of medical questions with its own. But it goes further than that: the Tribunal does have full competence to say whether there was due process and whether the medical findings show any material mistake or inconsistency, or overlook some essential fact, or plainly misread the evidence."
Keywords:
case law; discretion; disregard of essential fact; flaw; judicial review; limits; medical board; medical opinion; mistaken conclusion; procedural flaw; procedure before the tribunal; report;
Consideration 6
Extract:
"The complainant's main claim - that his condition be declared attributable to the performance of official duties - fails because the Tribunal may not substitute its own assessment of the case for the Medical Board's."
Keywords:
discretion; illness; judicial review; medical board; report; service-incurred;
Judgment 1281
75th Session, 1993
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to the case law the grading of posts is a matter within the discretion of the executive head of an international organisation. So the Tribunal will not interfere with the decision impugned in this case unless it was taken without authority or shows some procedural or formal flaw or a mistake of fact or of law, or overlooks some material fact, or is an abuse of authority, or draws a clearly mistaken conclusion from the facts. Moreover, the Tribunal will not substitute its own assessment of the facts for the Secretary-General's."
Keywords:
abuse of power; case law; competence; decision-maker; discretion; disregard of essential fact; executive head; flaw; formal flaw; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; post classification; procedural flaw;
Judgment 1273
75th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A decision not to renew an appointment, though discretionary, must be taken for proper reasons that are notified to the staff member. It will be unlawful if it was not taken by the competent authority and in line with the set rules of procedure, if there was a mistake of law or of fact or abuse of authority, or if some clearly mistaken conclusion was drawn from the evidence."
Keywords:
abuse of power; competence; contract; decision; decision-maker; discretion; due process; duty to substantiate decision; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; organisation's duties;
Judgment 1272
75th Session, 1993
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"An international civil servant does derive a cause of action from an appointment by an organisation and it does not [...] depend on his being a serious contender for the post or caring deeply about it. All that is required is that he want the vacant post and, whatever his qualifications for it or his prospects of success may be, the Tribunal will acknowledge the cause of action by enforcing any rights the organisation may have infringed."
Keywords:
appointment; candidate; cause of action; competition; decision; judicial review;
Judgment 1266
75th Session, 1993
International Union for the Protection of New Varieties of Plants
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 26 and 28
Extract:
Vide Judgment 1265, considerations 26 and 28.
Keywords:
adjustment; case law; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; reckoning; salary; scale;
Considerations 26 and 29
Extract:
Vide Judgment 1265, considerations 26 and 29.
Keywords:
adjustment; case law; criteria; discretion; icsc decision; judicial review; limits; municipal court; reckoning; salary; scale;
Considerations 26-27
Extract:
Vide Judgment 1265, considerations 26 and 27.
Keywords:
adjustment; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; reckoning; salary; scale; staff member's interest;
Judgment 1265
75th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 26 and 29
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "The Tribunal may not interfere in the exercise of [the organization's] discretion or in the drafting of the salary policy it is based on. But it does have a power of review in this area which is clearly defined [...] the Tribunal has, like other international and national administrative tribunals, set criteria for what may be termed 'external' or 'marginal' review of discretionary decisions, and [...] they were set out in detail in Judgment 1000, under 12."
Reference(s)
ILOAT Judgment(s): 1000
Keywords:
adjustment; case law; compensation; criteria; discretion; general service category; icsc decision; judicial review; limits; municipal court; reckoning; salary; scale;
Consideration 24
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "Insofar as such standards are found to be flawed they may not be imposed on the staff and WIPO must if need be replace them with provisions that comply with the law of the international civil service. That is an essential feature of the principles governing the international legal system the Tribunal is called upon to safeguard. It is therefore plain that the complainants' rights to judicial process are safeguarded by the defendant organization's recognition of the Tribunal's jurisdiction. Such jurisdiction may not be restricted by the introduction into the organization's Staff Regulations or Rules adopted by bodies outside the Tribunal's competence."
Keywords:
adjustment; competence of tribunal; coordinated organisations; declaration of recognition; general service category; icsc decision; international civil service principles; judicial review; local status; official; organisation's duties; reckoning; right of appeal; salary; scale; staff member's interest; written rule;
Considerations 26 and 28
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "The Tribunal may not interfere in the exercise of such discretion or in the drafting of the salary policy it is based on. But it does have a power of review in this area which is clearly defined [...] there are specific [factors] that in this comparative sort of exercise must be taken in isolation from the rest and subject to critical evaluation. Judgment 1000 [...] illustrates how such a procedure may yield notable results. In this case the information provided by the Commission shows that it is quite possible to isolate the factor at issue and even to put exact figures on the effects they have on the salary scale."
Reference(s)
ILOAT Judgment(s): 1000
Keywords:
adjustment; case law; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; reckoning; salary; scale;
Consideration 21
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of its staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The organization, having thus complied with the obligations it derives from membership of the common system, "may not in that way decline or limit its own responsibility towards the members of its staff or lessen the degree of judicial protection it owes them. The Tribunal has already had occasion to speak of that responsibility and to stress the duty of any organisation that introduces elements of the common system or any other outside system into its own rules to make sure that the texts it thereby imports are lawful: see Judgment 825 [...], under 18, which in turn refers to Judgment 382 [...], under 6."
Reference(s)
ILOAT Judgment(s): 382, 825
Keywords:
adjustment; case law; coordinated organisations; general service category; icsc decision; judicial review; local status; organisation's duties; reckoning; right of appeal; salary; scale;
Considerations 26-27
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "[T]he Tribunal may not interfere in the exercise of such discretion or in the drafting of the salary policy it is based on. But it does have a power of review in this area which is clearly defined [...] it will consider in the event of dispute whether the Commission's methodology has been properly observed. The methodology is an important factor in ensuring that the results are stable, foreseeable and clearly understood. And though the Commission is free to choose its methods, once it has chosen them the staff may expect them to be followed in all circumstances."
Keywords:
adjustment; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; patere legem; reckoning; salary; scale; staff member's interest;
Consideration 23
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organistions whose headquarters are in Geneva. WIPO says it is unable to submit any comments on the complainants arguments because it lacked authority to set the salary scales. Having done what was required to import the challenged scale in full into WIPO's own rules and thereby endorsed the ICSC's decisions without qualification, the Director General then "took up an unhelpful posture and thereby prevented before the Tribunal the adversarial pleadings that are an essential feature of judicial process and, besides, indispensable for providing the Tribunal with adequate information: see Judgment 1197 [...], under 13 and 14."
Reference(s)
ILOAT Judgment(s): 1197
Keywords:
adjustment; adversarial proceedings; coordinated organisations; duty to inform; general service category; icsc decision; judicial review; local status; organisation's duties; reckoning; salary; scale;
Consideration 22
Extract:
In Judgment 1000, under 12, the Tribunal held that "when impugning an individual decision that touches him directly the employee of an international organisation may challenge the lawfulness of any general or prior decision, even by someone outside the organisation, that affords the basis for the individual one". The complainants may therefore challenge "the lawfulness of any measure taken by the Commission that serves as the basis for the decisions affecting them, whatever method may have been adopted to import it into the organization's own rules."
Reference(s)
ILOAT Judgment(s): 1000
Keywords:
case law; cause of action; complainant; decision; decision-maker; general decision; icsc decision; individual decision; judicial review;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 | next >
|
