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Judgment No. 2292

Decision

The complaint is dismissed.

Consideration 11

Extract:

Even if "the Member States of the [Organisation] are all signatories to the European Convention on Human Rights, the Organisation [...] as such is not a member of the Council of Europe and is not bound by the Convention in the same way as signatory states. Nevertheless, the general principles enshrined in the Convention, particularly the principles of non-discrimination and the protection of property rights, are part of human rights, which, [...] in compliance with the Tribunal's case law, apply to relations with staff."

Keywords

applicable law; case law; general principle; equal treatment; member state; international civil service principles; organisation's duties; international instrument; rule of another organisation; provision; universal declaration of human rights; working relations; right

Consideration 11

Extract:

"[T]he fact that in connection with pension rights different rules apply according to the place of residence of retired staff members constitutes neither a breach of property rights nor a violation of the principle of equality, provided that the staff concerned are not deprived of any of the rights they enjoy under the statutory and regulatory provisions which apply to them, and that they have freely exercised their right of option."

Keywords

international civil servant; equal treatment; organisation's duties; written rule; provision; residence; pension; pension entitlements



 
Last updated: 23.08.2012 ^ top