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You searched for:
Keywords: Procedure before the Tribunal
Total judgments found: 191
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Judgment 284
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"A circular of this character does not, as do the Staff Regulations, form part of a staff member's terms of appointment and so as a general rule a departure from its provisions does not of itself give him any right to relief [...] If a circular prescribes a certain procedure to be followed, the Tribunal will consider, not necessarily whether the procedure has been exactly followed, but whether any departure from it has prejudiced the staff member in a way that affects his rights."
Keywords:
administrative instruction; consequence; injury; judicial review; lack of injury; procedure before the tribunal; terms of appointment;
Judgment 277
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Although the Tribunal must determine whether its own time limit for filing a complaint has been respected, it will not review the observance of procedural rules in internal bodies. It merely notes that such bodies have heard the appeal. The most that can be said is that matters would have been different had the Director-General in his final decision expressed reservations on the propriety of the appeals procedure."
Keywords:
internal appeal; internal appeals body; judicial review; procedure before the tribunal; receivability of the complaint; time limit;
Judgment 232
32nd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[S]ince the complainant had let it be clearly understood that he would not attend the meeting and would be represented at it, the fact that he was not told of its exact date is immaterial to the propriety of the proceedings."
Keywords:
complainant; counsel; date; duty to inform; flaw; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; right to reply;
Judgment 185
27th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant inquired whether a refusal decision was final. the absence of a reply from the administration must be considered, by virtue of a general rule of law, as a refusal of the claim. The complainant ought to have followed the procedure prescribed in the Staff Rules to secure "a decision by the Director-General, which decision could alone be impugned before the Administrative Tribunal." [The procedure provides for appeal at the regional level and subsequently at headquarters.]
Keywords:
case sent back to organisation; enforcement; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; procedure before the tribunal; staff regulations and rules;
Judgment 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Headquarters appeals body found several irregularities in the procedure followed by the regional appeals body. These irregularities "do not affect the validity of the decision impugned which was taken by the Director-General on the completion of a regular form of procedure after exercising powers of investigation as broad as those of the Regional Director on the advice of a body which, like the Regional Board, had a joint composition.
Keywords:
field; flaw; internal appeal; internal appeals body; judicial review; lack of injury; procedure before the tribunal;
Judgment 149
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant deplores delays in the internal procedure. "The sanction for the violation of [the provision on internal appeals] is contained in that rule itself: an official who receives no reply to his complaint before the prescribed deadline is entitled to appeal [...] the complainant exercised that right and therefore suffered no injury." The material delays are no proof of prejudice.
Keywords:
administrative delay; flaw; internal appeal; lack of injury; procedure before the tribunal;
Judgment 141
22nd Session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Interlocutory Order
Extract:
"The experts shall be appointed by order of the Vice-President of the Tribunal, who shall determine the procedure for the examination and in particular, after consulting the parties, determine the final text of the questions to be put to the experts."
Keywords:
expert inquiry; order; procedure before the tribunal;
Judgment 107
17th Session, 1967
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The organization's [statutory] obligation to have regard to [the] qualifications [of members of the organization] implies, in the first place, that they are entitled to take part in any competitions that may be open to them. [T]his right [...] necessarily include[s] the right to demand that the arrangements for the competition ensure the appointment of the candidate who is really the best qualified. In other words, at every stage of the competition including the arrangements made, the conduct of the tests and the evaluation of their results, every candidate must be treated on an equal footing and with full impartiality."
Keywords:
competition; equal treatment; organisation's duties; procedure before the tribunal; safeguard;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Even where the provisions of the Staff Regulations and Rules are alone applicable, the power to modify them vested in the international organisation is governed by different legal rules according to whether the provisions concerned fall with the first or the second of the two types of provisions".
Keywords:
amendment to the rules; difference; procedure before the tribunal; provision; staff regulations and rules;
Judgment 32
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The organization offered to submit the case of the complainant to a committee "since that committee had met in order to consider the case its recommendations should have been drawn up within the required conditions". Two of the members of the committee did not take part in all the meetings. One had not seen the report and another had signed a text which contained one of the recommendations" even in the absence of rules of procedure. These facts constitute serious irregularities surrounding the recommendations of the [...] committee."
Keywords:
advisory body; flaw; internal appeals body; no provision; procedural flaw; procedure before the tribunal;
Judgment 10
2nd Session, 1951
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The whole procedure instituted preparatory to a decision being taken by the Director-General, and, in particular, the time limit of three months for the submission of the report [on work and official conduct] has been prescribed in the obvious interest of the probationer official, in order to enable him to avail himself in full safety and in good time of the means of defence and of appeal which may be open to him prior to the sovereign decision of the superior authority being taken."
Keywords:
internal appeal; probation report; probationary period; procedure before the tribunal; right to reply; staff member's interest;
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