Judgment No. 179
Decision
THE COMPLAINT IS DISMISSED.
CONSIDERATION 2
Extract:
"THE MERE FACT THAT ONE MEMBER OF THE ADVISORY BOARD WAS THE SON-IN-LAW OF THE WIFE OF A STAFF MEMBER SERVING IN THE SAME DIVISION AS THE COMPLAINANT AT A HIGHER GRADE IS NOT SUFFICIENT TO CONSTITUTE A GROUND FOR WITHDRAWAL. THERE IS NO DIRECT RELATIONSHIP EITHER BY BLOOD OR BY MARRIAGE BETWEEN THE MEMBER AND THE OFFICIAL CONCERNED, AND THE LATTER ... CANNOT ... BE REGARDED AS HIS SUPERVISOR IN THE PROPER SENSE OF THE TERM." HE WAS NOT REQUIRED TO WITHDRAW.
Keywords
internal appeals body; advisory body; challenge of member; composition; family relationship; condition
CONSIDERATION 1
Extract:
"IT FOLLOWS THAT, FAILING ANY EXPLICIT PROVISION IN THE REGULATIONS AND RULES, THE OFFICIALS [WHO MAY TAKE OR INFLUENCE THE DECISION] ARE BOUND TO WITHDRAW IF THEY HAVE ALREADY EXPRESSED THEIR VIEWS ON THE ISSUE IN SUCH A WAY AS TO CAST DOUBT ON THEIR IMPARTIALITY OR IF FOR OTHER REASONS THEY MAY BE OPEN TO SUSPICION OF PARTIALITY."
Keywords
challenge of member; bias; condition
CONSIDERATION 1
Extract:
"BECAUSE OF ITS PURPOSE, WHICH IS TO PROTECT THE INDIVIDUAL AGAINST ARBITRARY ACTION, [THE RULE ON WITHDRAWAL] APPLIES IN INTERNATIONAL ORGANISATIONS EVEN IN [THE ABSENCE] OF ANY SPECIFIC TEXT."
Keywords
challenge of member; enforcement; no provision; bias
| 
