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Executive body (555,-666)

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Keywords: Executive body
Total judgments found: 47

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  • Judgment 3128


    113th Session, 2012
    Agency for International Trade Information and Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complainant is [...] entitled to moral damages in the amount of 5,000 [Swiss] francs for the failure of the Executive Board to provide reasons for its decision to reject his appeal."

    Keywords:

    breach; compensation; complaint allowed in part; duty to substantiate decision; executive body; grounds; internal appeal; moral damages; moral injury; refusal;



  • Judgment 2892


    108th Session, 2010
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The first argument advanced by the complainant in relation to the decision to suspend him from duty is that the Deputy Secretary-General had no authority to take such a decision but, rather, as the Secretary-General was an interested party, the question of suspension should have been referred to the ITU Council [...]. It is correct that it was incumbent on the Secretary-General to refrain from taking any decision concerning the incidents that occurred in his office [...]. As stated in Judgment 179, "his impartiality may be open to question on reasonable grounds". Although Staff Rule 10.1.3 refers only to suspension by the Secretary-General, the doctrine of necessity allows that, where there is a conflict of interest, authority is to be granted to some other appropriate person. However, that does not mean that the question should have been referred to the Council. That body has certain powers with respect to elected officials, but not with respect to unelected officials. As an elected official and as the next most senior official, the Deputy Secretary-General was the appropriate person to exercise authority with respect to the incidents that occurred [...], even if the relevant provision did not so provide."

    Reference(s)

    ILOAT Judgment(s): 179

    Keywords:

    bias; challenge of member; competence; complaint allowed; complaint allowed in part; decision; executive body; no provision;



  • Judgment 2868


    108th Session, 2010
    South Centre
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    "[W]ith respect to the Centre's assertion that this implementing measure was approved by the Council [...], the Tribunal observes that the adoption of a so-called "interpretative clarification" that purports to give the Executive Director the authority to take certain action cannot validate an earlier decision taken without the requisite authority."

    Keywords:

    complaint allowed; complaint allowed in part; enforcement; executive body; interpretation; misuse of authority;



  • Judgment 2865


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Administrative authorities and organs have a duty to ensure, without prompting, that their procedures are properly conducted. It cannot be argued that a staff member has breached the principle of good faith by failing to request that these procedures be expedited. Indeed, a host of reasons connected with the employment relationship may explain that person's reluctance to chase up the advisory or decision-making organ."

    Keywords:

    administrative delay; advisory body; breach; due process; executive body; general principle; good faith; grounds; internal appeals body; international civil servant; organisation's duties; request by a party; working relations;



  • Judgment 2811


    106th Session, 2009
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The WHO argues that the complaint is irreceivable because the complainant failed to challenge the Director-General's decision before the Headquarters Board of Appeal. The complainant submits that, in this case, an appeal would not have served any practical purpose. She contends that, bearing in mind the purely advisory nature of this body, the Director-General could have confirmed her initial decision, no matter what recommendation was made to her.
    "The fact that the recommendations of the Board of Appeal are not binding on the decision-making authority does not mean that they have no weight in the internal appeals procedure, since the Director-General has a legal duty to give such recommendations due consideration and, according to the Tribunal's case law, can lawfully depart from them only for clear and cogent reasons."

    Keywords:

    complaint; duty to substantiate decision; executive body; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;



  • Judgment 2807


    106th Session, 2009
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(a)

    Extract:

    "The Director-General departed from the Appeals Board's recommendations. He had a duty to explain in adequate detail why he had done so."

    Keywords:

    decision; duty to substantiate decision; executive body; grounds; internal appeals body;



  • Judgment 2747


    105th Session, 2008
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The complainant alleges that the regulations governing the creation of posts - in particular Regulation 2.2 of the Staff Regulations and Article 102.6.15 of the General Regulations of the UPU - have been violated. "[T]he Tribunal notes [...] that the complainant is entitled to rely on all the provisions of the General Regulations and Staff Regulations, including those which primarily concern relations between the Council of Administration and the Director General insofar as a breach of these provisions may affect his personal situation."

    Reference(s)

    Organization rules reference: Staff Regulation 2.2 and Article 102.6.15 of the General Regulations of the UPU

    Keywords:

    breach; complaint allowed; complaint allowed in part; consequence; creation of post; executive body; executive head; injury; provision; right; staff regulations and rules; written rule;



  • Judgment 2582


    102nd Session, 2007
    International Olive Oil Council
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The IOOC recognised the Tribunal's competence by a letter of 19 September 2003 addressed to the Director-General of the International Labour Office (ILO). "Although the complainant's appointment with the IOOC ended prior to that recognition, which was approved by the ILO's Governing Body at its 288th Session in November 2003, the Tribunal considers that it may properly hear the present case brought by a former official of the IOOC who, subsequently to that recognition, has alleged a breach of statutory provisions."

    Keywords:

    breach; competence of tribunal; complaint; complaint allowed; complaint allowed in part; date; declaration of recognition; executive body; executive head; provision; separation from service; staff regulations and rules;



  • Judgment 2410


    98th Session, 2005
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[I]t is CERN's Council which decides pension adjustments; and the individual decisions on pension rates have as their sole legal basis the general decisions taken periodically by CERN's Council, the lawfulness of which may indeed be challenged in the context of a complaint directed against such individual decisions (see Judgments 1000, 1451 and 2129). In this case, the complainant's objections concern only the lawfulness of the position advocated by the Governing Board of the Pension Fund, when it considered that it could not give its backing to the extraordinary pension adjustment requested by the [CERN Pensioners' Association, of which the complainant is the President]. Since this refusal to support the latter's request before CERN's competent bodies cannot be considered as a legislative act of general application, any pleas based on its alleged unlawfulness must fail."

    Reference(s)

    Organization rules reference: Article II.1.15 of the Regulations of the CERN's Pension Fund
    ILOAT Judgment(s): 1000, 1451, 2129

    Keywords:

    adjustment; advisory opinion; cern pension fund; decision; executive body; general decision; individual decision; pension; rate; receivability of the complaint;



  • Judgment 2396


    98th Session, 2005
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Any administrative or disciplinary body of an organisation which consults a third party to obtain information concerning the professional behaviour of one of its staff members must naturally avoid impairing the latter's dignity and reputation. In the first place, it absolutely must ensure that the presumption of his innocence is maintained, and if its action is such as to breach the presumption of innocence or the fundamental rights of the staff member, making that action confidential is of no avail."

    Keywords:

    breach; communication to third party; confidential evidence; disciplinary procedure; executive body; international civil servant; moral injury; organisation's duties; qualifications; respect for dignity; right;



  • Judgment 2327


    97th Session, 2004
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Internal debates and discussions in the [executive body of an international organisation] are irrelevant to [the organisation's] obligation faithfully and promptly to execute the Tribunal's judgments."

    Keywords:

    application for execution; complaint allowed; complaint allowed in part; effect; execution of judgment; executive body; judgment of the tribunal; suspensory effects; time limit;



  • Judgment 2272


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    A rule, "approved by the Administrative Council, [cannot] be called into question by the President. It is true that, when deciding to promote or not to promote a permanent employee, the President enjoys discretionary authority, subject to the Tribunal┐s limited power of review. Within the bounds of this limited power of review, however, the Tribunal considers whether decisions referred to it are not flawed by abuse of authority or error of law. In the present case, the complainant argues rightly that by refusing to apply to his case a rule which had been approved by the Administrative Council, despite the fact that he met the necessary requirements, the President committed an error of law and abused his authority."

    Keywords:

    complaint allowed; complaint allowed in part; condition; discretion; enforcement; executive body; executive head; interpretation; judicial review; limits; misuse of authority; promotion; refusal; repeal; written rule;



  • Judgment 2232


    95th Session, 2003
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The complainant, who had been the Organisation's Director-General, impugns the decision to terminate his appointment. The Organisation raises an objection to receivability, arguing that the decision impugned before the Tribunal is not an administrative decision, but essentially a political one. The Tribunal holds that "the complainant was an international civil servant who was entitled to appeal to the Tribunal against a decision to terminate his appointment. That decision must be viewed as an administrative decision, even though it was taken by the Conference of the States parties."

    Keywords:

    complaint allowed; decision; executive body; executive head; grounds; iloat; international civil servant; interpretation; member state; rebuttal; receivability of the complaint; right of appeal; termination;

    Consideration 16

    Extract:

    The complainant, who had been the Organisation's Director-General, impugns the decision to terminate his appointment. "In accordance with the established case law of all international administrative tribunals, the Tribunal reaffirms that the independence of international civil servants is an essential guarantee, not only for the civil servants themselves, but also for the proper functioning of international organisations. In the case of heads of organisations, that independence is protected, inter alia, by the fact that they are appointed for a limited term of office. To concede that the authority in which the power of appointment is vested - in this case the Conference of the States parties of the Organisation - may terminate that appointment in its unfettered discretion, would constitute an unacceptable violation of the principles on which international organisations' activities are founded [...], by rendering officials vulnerable to pressures and to political change. The possibility that a measure of the kind taken against the complainant may, exceptionally, be justified in cases of grave misconduct cannot be excluded, but such a measure, being punitive in nature, could only be taken in full compliance with the principle of due process, following a procedure enabling the individual concerned to defend his or her case effectively before an independent and impartial body."

    Keywords:

    adversarial proceedings; appointment; breach; case law; complaint allowed; condition; discretion; exception; executive body; executive head; fixed-term; general principle; hidden disciplinary measure; iloat; independence; internal appeals body; international civil servant; limits; member state; organisation; right to reply; safeguard; serious misconduct; termination; tribunal;

    Consideration 13

    Extract:

    The complainant, who had been the Organisation's Director-General, impugns the decision to terminate his appointment. The Organisation raises an objection to receivability because the matter was not referred to the Appeals Council. "In the present case, that procedure was not and clearly could not have been followed. Indeed, it is hard to imagine how the Director-General, stripped of his functions, could have appealed to the Appeals Council established under his own authority, against a decision of the Conference of the States parties, with a view to obtaining a final decision by the new Director-General. [...] An appeal to the Appeals Council was inconceivable, and the impugned decision was clearly a final decision - within the meaning of Article VII of the Tribunal's Statute [...] in that situation, a direct appeal to the Tribunal [...] was clearly the only remedy available to the complainant."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE TRIBUNAL'S STATUTE

    Keywords:

    absence of final decision; competence; complaint allowed; decision; direct appeal to tribunal; executive body; executive head; grounds; iloat statute; internal appeal; internal appeals body; member state; procedure; purpose; rebuttal; receivability of the complaint; termination;



  • Judgment 2226


    95th Session, 2003
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    The complainant was reassigned from one day to the next. "Considering the complainant's length of service (12 years with the organization), the absence of any report of misconduct or unsatisfactory performance on his part, or any indication of urgency that might have justified a sudden, unheralded management decision to reassign him, the action of the Director-General was flawed by procedural irregularity."

    Keywords:

    complaint allowed; complaint allowed in part; decision; executive body; executive head; flaw; lack of evidence; misconduct; notice; organisation; period; procedural flaw; reassignment; report; satisfactory service; unsatisfactory service; work appraisal;



  • Judgment 2213


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(a)

    Extract:

    The Tribunal had dismissed the complaint by which the complainant impugned the non-renewal of his appointment. In his application for review of that judgment, he submits that a post intended for him had been mentioned in the draft programme and budget and that, since the document had been approved as it stood by the General Conference, this implied his appointment to the post at issue. "The question arises as to whether such an argument affords grounds for review. It is not necessary to answer that question, considering that the fact does not appear to be decisive, since the adoption of a budget could [...] not be interpreted as a decision to make an appointment."

    Keywords:

    acceptance; admissible grounds for review; application for review; appointment; assignment; consequence; contract; decision; executive body; inadmissible grounds for review; interpretation; non-renewal of contract; post;



  • Judgment 2095


    92nd Session, 2002
    Surveillance Authority of the European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainants challenge a decision taken by the Committee of Representatives of the Member States concerning salary adjustments. The organisation submits that the complaints are irreceivable since it is not the author of that decision. "The complainants are paid by [the organisation] and so may challenge any individual decisions that affect their terms of employment, particularly salary, regardless of who has authority over such decisions."

    Keywords:

    adjustment; competence; complaint; complaint allowed; decision; decision-maker; executive body; individual decision; international civil servant; receivability of the complaint; right of appeal; salary; terms of appointment;



  • Judgment 2089


    92nd Session, 2002
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    From 1986 to 2000 the organisation followed the practice followed by the coordinated organizations in adjusting both salaries and pensions in accordance with both cost-of-living and standard-of-living adjustments. In July 2000 it made a cost-of-living adjustment mandatory for pensions even if no such adjustment is made to salaries, but no provision is made for standard-of-living adjustment to pensions. "It is simply untenable to argue that the [organisation] could, by following the practice of the coordinated organizations in previous years, bind itself to do so for all time [...] There can be no doubt that the same body that had the authority to adopt [the] decision [to follow the practice followed by the coordinated organizations] had equally the authority to decide to withdraw it."

    Keywords:

    adjustment; amendment to the rules; competence; coordinated organisations; cost-of-living increase; decision quashed; executive body; no provision; organisation's duties; pension; pension adjustment system; period; practice; salary;



  • 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; complaint allowed; 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;

    Consideration 15

    Extract:

    "All comments and statements by member states were made within the context of the proper decision-making organs of the [organisation's] structure. To the extent that the complainants are attempting to show that member states tried to influence the decision through the committees or the governing body to which they belonged, it was perfectly proper for them to do so. An international organisation would not exist without its member states and the proper means for them to exert influence over an organisation they create is precisely that of debate, discussion and persuasion within the committees and governing body of the organisation itself."

    Keywords:

    complaint allowed; decision; discretion; executive body; independence; legislative body; member state;



  • Judgment 1798


    86th Session, 1999
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "A strong line of precedent has it that payslips are individual decisions which may be challenged before the Tribunal. [...] Even though the council has reserved its right to alter pay for July 1996 later, and retroactively, the impugned decisions do show a cause of action."

    Keywords:

    amendment to the rules; case law; cause of action; discretion; executive body; individual decision; pay slip; tribunal;



  • Judgment 1791


    86th Session, 1999
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 and 10

    Extract:

    "In support of their plea of abuse of authority the complainants accuse [the Organization] of scorning [...] the independence of the international civil service by giving in to a single government that was itself defying the principle [...]. There is not a shred of evidence to suggest that [the Organization] was yielding to [the] insistence [of one State]. The impugned decision was taken because of a resolution by the Council, the sovereign body that decides things scientific, technical and administrative [...]."

    Keywords:

    breach; discretion; executive body; general principle; independence; international civil servant; international civil service principles; member state; misuse of authority;

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Last updated: 19.09.2019 ^ top