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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; family relationship; condition; composition of the internal appeals body

Consideration 1

Extract:

"[F]ailing 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



 
Dernière mise à jour: 14.04.2020 ^ haut