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Patere legem (209,-666)
You searched for:
Keywords: Patere legem
Total judgments found: 80
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Judgment 2316
96th Session, 2004
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 19-20
Extract:
The complainant wants to be granted her salary increment to step X retroactively. "The particular circumstances upon which the ITU relies to argue that the complainant should not be granted her step X increment are that the unsatisfactory nature of her services had already been documented prior to the report signed on 3 May 2002 and that she did not cooperate with the establishment of her periodic appraisals. It may at once be noted that the appraisal for the relevant period was not made in May 2002, but in November of that year. Further, and given the complainant's absence on sick leave at various times during the relevant appraisal periods, it is difficult to infer lack of cooperation on her part. However, and more to the point, the matters upon which the Union relies fall far short of establishing that it made a genuine effort to comply with its own procedures, and do not show that the complainant frustrated or sabotaged any such effort. That being so [...], those considerations cannot defeat the complainant's entitlement to her step X increment retroactively. The treatment of the complainant by the ITU is [...] unacceptable."
Keywords:
claim; complainant; date; evidence; increment; liability; organisation; organisation's duties; patere legem; performance report; period; procedure before the tribunal; request by a party; right; sick leave; unsatisfactory service; work appraisal;
Judgment 2125
93rd Session, 2002
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The complainant's request to have his contract extended beyond retirement age was not allowed. "On the merits, the Agency is undoubtedly right in pointing out that the Director General has discretion in the matter, over which the Tribunal has only a limited power of review. This discretion enables the Agency to depart from the rule governing the normal age of retirement. [...] Although the Director General can determine the interest of the Agency, his decisions must be based on clear and coherent reasons. In this case, the reason given - that the request for an extension contained no indication as to whether any of the criteria [on the basis of which he may authorise such an extension] had been satisfied - is not valid, and the reason based on 'rejuvenation' of the staff is too general to constitute a sufficient justification for the refusal of the complainant's request." The Tribunal considers that "this reason is not in itself reprehensible, but it could be used to justify a systematic refusal to depart from the rule governing the normal age of retirement. [By setting out the criteria] the [Agency] established for itself a number of rules which it must apply."
Keywords:
age limit; contract; criteria; decision; definition; discretion; exception; executive head; extension beyond retirement age; grounds; iloat; judicial review; official; organisation; organisation's duties; organisation's interest; patere legem; refusal; request by a party; retirement; written rule;
Judgment 1973
89th Session, 2000
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal has always held that personal promotion constitutes advancement on merit to reward someone for services of a quality higher than that ordinarily expected of the holder of the post. The granting of personal promotion is a discretionary decision which, as firm precedent has it, is subject to only limited review and will stand unless it shows a fatal flaw. In a case such as the present one, in which the general rules regarding personal promotions have been adopted and communicated to the staff, the appointing authority is bound by these rules and the Tribunal will consider any violation of them to be a fatal flaw."
Keywords:
breach; case law; discretion; executive head; flaw; judicial review; limits; patere legem; personal promotion; promotion;
Judgment 1968
89th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The [...] ground of alleged irreceivability[,that the decision to promote a colleague did not adversely affect the complainant,] is [...] untenable. [The two staff members] were at the same grade, in the same career stream, and both are entitled to expect that promotions will only be made fairly and objectively, based on merit and in accordance with law."
Keywords:
career; cause of action; decision; equal treatment; organisation's duties; patere legem; promotion; receivability of the complaint;
Judgment 1821
86th Session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The principles governing the limits on the discretion of international organisations to set adjustments in staff pay [...] may be concisely stated as follows: (a) An international organisation is free to choose a methodology, system or standard of reference for determining salary adjustments for its staff provided that it meets all other principles of international civil service law [...]. (b) The chosen methodology must ensure that the results are 'stable, foreseeable and clearly understood' [...]. (c) Where the methodology refers to an external standard but grants discretion to the governing body to depart from that standard, the organisation has a duty to state proper reasons for such departure [...]. (d) While the necessity of saving money may be one valid factor to be considered in adjusting salaries provided the method adopted is objective, stable and foreseeable [...], the mere desire to save money at the staff's expense is not by itself a valid reason for departing from an established standard of reference [...]." (See cited case law.)
Keywords:
adjustment; budgetary reasons; case law; condition; coordinated organisations; cost-of-living increase; criteria; discretion; duty to inform; duty to substantiate decision; exception; executive body; good faith; grounds; international civil service principles; limits; organisation's duties; patere legem; rule of another organisation; salary; scale;
Judgment 1696
84th Session, 1998
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The wording of Regulation 9 (b)(3) is plain: the decision to terminate an appointment at the end of probation may be taken only 'after consultation with an advisory body', the Staff Committee." The Organisation submits that it need only speak to the Chairman. But the Committee has several members who are supposed to function as a single body. The Orgnanisation's argument postulates prior delegation of authority to the Committee's Chairman or officers. To be valid, however, such delegation must have some basis in the rules. Failing that, any action "will be ultra vires" there being wrongful failure to consult the Staff Committee, the impugned decision must, in line with patere legem, be set aside.
Reference(s)
Organization rules reference: CCC STAFF REGULATIONS 9(B)(3)
Keywords:
advisory body; advisory opinion; decision; delegated authority; due process; organisation's duties; patere legem; probationary period; procedural flaw; staff regulations and rules; termination of employment;
Judgment 1646
83rd Session, 1997
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 and 10
Extract:
"When an organisation chooses to hold a competition it must abide by its written rules and by the general principles set forth in the case law, particularly insofar as they govern the formal side of the process. [...] As the Appeal Board gathered from the personal records of the candidates on the preselection panel's list, [the successful candidate] had neither the university degree nor the experience that the notice required."
Keywords:
applicable law; appointment; candidate; case law; competition; criteria; degree; due process; international civil service principles; organisation's duties; patere legem; procedure before the tribunal; professional experience; selection procedure; staff regulations and rules; vacancy notice;
Judgment 1549
81st Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The purpose of competition is to let everyone who wants a post compete for it equally. So precedent demands scrupulous compliance with the rules announced beforehand: patere legem quam ipse fecisti."
Reference(s)
ILOAT Judgment(s): 107, 729, 1071, 1077, 1158, 1223, 1359
Keywords:
appointment; case law; competition; due process; equal treatment; organisation's duties; patere legem; selection procedure; staff regulations and rules; vacancy;
Judgment 1525
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Consulting an advisory board before the Director-General takes a decision not to extend an appointment "is no idle formality: it is supposed to afford a means of working out a fair solution. In this case it offered the hope of redeploying someone with a long record of service.Several judgments have stressed the importance of advisory boards: see for example Judgment 352 [...], under 5."
Reference(s)
ILOAT Judgment(s): 352
Keywords:
advisory body; advisory opinion; contract; decision; non-renewal of contract; organisation's interest; patere legem; procedure before the tribunal; purpose; staff member's interest;
Judgment 1463
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
[T]he appointing authority is bound - patere legem quam ipse fecisti - to abide by the rules that it has itself issued and that have the force of law. So any breach of them will constitute a fatal flaw in the impugned decision.
Keywords:
general principle; patere legem;
Judgment 1461
79th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Eurocontrol has laid down a new requirement for the grant of an allowance. The Tribunal considers that "the Agency fails to show that it imposed this further requirement in the past and that it therefore forms part of the practice affirmed in the judgment. By rejecting the complainants' claims on such grounds, Eurocontrol is in breach of the rule by which it is bound through its acknowledged practice of granting the allowance".
Keywords:
evidence; lack of evidence; patere legem; practice;
Judgment 1419
78th Session, 1995
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
Since 1982 the ESO has aligned its salary policy with that of the European co-ordinated organisations. "The ESO might no doubt change the reference mark or the arrangements provided that it abided by the procedures and forms prescribed for the purpose in its own rules and regulations. But so long as the present arrangements hold good, its staff are entitled to the safeguards of objectivity and stability they afford. The ESO may not remove such safeguards because of prevailing circumstances or a mere wish to do so."
Keywords:
acquired right; organisation's duties; patere legem; rule of another organisation; security of tenure; staff member's interest; staff regulations and rules;
Judgment 1265
75th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
Judgment 1204
74th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainants object to a decision denying them so-called "out-of-career" promotions. They submit that the original decisions were taken for an unlawful reason of principle and that the organization later confirmed the decisions on quite different grounds. The organization says it merely exercised the discretion inherent in managerial prerogative and did not alter the original reasons but merely added to them. "Although the competent authority has discretion to grant or refuse the promotion of staff who qualify under the material rules, it must abide by the rules, and whatever decisions it takes will be subject to judicial review [...] so as to determine whether they pass muster the rules have to be known to everyone and an organisation may not go beyond the duly published texts and resort to secret provisions that change the thrust of the ones it intended to treat as binding. Before it takes its discretionary decision, it must compare the merits of all staff who qualify under the rules [...] CERN committed two mistakes of law. One was to apply to the complainants rules that had never been published and that it regarded as binding. The other was to defend its position ex post facto by saying that its reasons for rejecting the complainants' claims were connected with their performance, though there is no evidence of any comparative and analytical assessment of the kind that international officials are entitled to."
Keywords:
applicable law; discretion; duty to substantiate decision; equal treatment; judicial review; organisation's duties; patere legem; promotion; publication; refusal;
Judgment 1200
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants dispute the amendment of a provision concerning pensionable remuneration in the Staff Regulations of the International Training Centre of the ILO at Turin. They allege that the impugned decision is unlawful because it was in breach of the duty to consult the Staff Relations Committee under Articles 0.3 and 10.2(a) of the Staff Regulations. The Tribunal observes that the principle embodied in these provisions is plain: cooperation between staff and management. The sequence of events shows that the organisation did not follow the prescribed procedure. The Tribunal holds that when the Centre wishes to amend its Staff Regulations "it is making a decision of its own and must abide by the rules of its own making. [...] its failure [to do so] in this instance was unlawful and has the effect of avoiding the new text of [the provision]. [...] Since the individual decisions under challenge rest on an improperly made amendment to the Staff Regulations they are unlawful."
Reference(s)
Organization rules reference: ARTICLES 0.3 AND 10.2 (A) OF THE ITC STAFF REGULATIONS
Keywords:
advisory body; amendment to the rules; consultation; due process; flaw; general principle; judicial review; patere legem; procedural flaw; procedure before the tribunal; staff regulations and rules;
Judgment 1158
72nd Session, 1992
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6, 8 and 9
Extract:
"The material issue is [...] whether the organization might, in mid-competition and while assessing the candidates, alter the requirements it had itself already declared for the post. [...] If it decides to hold a competition, "it must abide by the conditions it has itself set for the competition: patere legem quam ipse fecisti. [...] The application of that principle means that the conditions of entry for a competition may not properly be altered once the process of selection is under way. But "UNIDO failed to abide by its own requirements. [...] An essential condition for the competition was waived during [the] evaluation, and such waiver impaired the fairness and lawfulness of the process of selection. For that reason alone, the impugned decision must [...] be set aside".
Keywords:
competition; condition; criteria; due process; general principle; organisation's duties; patere legem; procedure before the tribunal;
Judgment 1025
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The executive head must conform to the rules he has issued because they are binding in law, and any breach of them will be a fatal flaw in his decision." The rules at issue concern the grant of promotion.
Keywords:
enforcement; judicial review; patere legem; promotion; written rule;
Judgment 963
66th Session, 1989
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Any authority is bound by the rules it has itself issued until it amends or repeals them. The general principle is that rules govern only what is to happen henceforth, and it is binding on any authority since it affords the basis for relations between the parties in law. furthermore, a rule is enforceable only from the date on which it is brought to the notice of those it applies to."
Keywords:
amendment to the rules; effective date; enforcement; general principle; non-retroactivity; patere legem; staff regulations and rules;
Judgment 425
45th Session, 1980
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Any administration is required to abide by the rules which it has itself made for as long as they remain in force. The post descriptions are binding on the organisation until amended.
Keywords:
general principle; patere legem; post description;
Judgment 51
8th Session, 1960
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Any authority is bound by its own rules for so long as such rules have not been amended or abrogated."
Keywords:
general principle; patere legem;
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