Precedence of rules (229,-666)

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Keywords: Precedence of rules
Total judgments found: 23

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• Judgment 322

  
  39th Session, 1977
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "Although the complainant has himself come before the Tribunal, he challenges its competence. [The organisation] conferred on the [...] Tribunal [...] under [its] Staff Regulations competence to hear disputes relating to non-observance, in substance or in form, of those Staff Regulations. The International Labour Organisation accepted that recognition of competence in accordance with the prescribed procedure. Hence the [...] competence derives from an international agreement which takes precedence over rules [*] unilaterally adopted earlier by one of the parties [...]."
  [*] The Eurocontrol International Convention recognises the competence of national courts.

  Keywords:

  competence of tribunal; declaration of recognition; difference; international instrument; organisation; precedence of rules; provision;
  

  
  
  

• Judgment 292

  
  38th Session, 1977
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The question before the Tribunal is whether a document intended to determine how the provisions of a rule are to be applied may impose conditions not in the original rule. The Tribunal holds that it may not.

  Keywords:

  administrative instruction; enforcement; precedence of rules; provision; staff regulations and rules;
  

  Considerations 16-17

  Extract:

  Under the material article "general provisions for giving effect to the regulations are to be settled by rules, instructions and office notices made by the Director-General. [...] is it the intention of [this article] to put on a par with the rules of application a miscellaneous collection of office notices? If they are contradictory of the rules, which are to prevail ? [...] The Tribunal will not attempt to answer all these questions [...] nor to decide to what extent, if at all, a rule of application can be amended by an office notice".

  Keywords:

  administrative instruction; difference; judicial review; precedence of rules; staff regulations and rules;
  

  
  
  

• Judgment 51

  
  8th Session, 1960
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "The Staff Regulations [...] are approved by the Council and merely promulgated by the Director-General, whereas the Staff Rules are established by him. It follows that the provisions of the Regulations prevail over those of the Rules and that hence if the entitlement to the amount of the [...] allowance [...] was [...] an acquired right within the meaning of the Regulations, it should be treated as such even though not so recognised under the Rules."

  Keywords:

  acquired right; allowance; precedence of rules; staff regulations and rules;
  

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