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European Convention on Human Rights (732,-666)

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Keywords: European Convention on Human Rights
Total judgments found: 2

  • Judgment 3867


    124th Session, 2017
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the WTOís decision not to conduct an inquiry into his allegations of harassment.

    Consideration 2

    Extract:

    In the course of the proceedings, the complainant requested hearings, particularly with a view to obtaining the testimony of various witnesses.
    Contrary to what the complainant states in his rejoinder, the Tribunal is not bound to allow such a request. Article V of the Tribunalís Statute clearly authorises it to agree or decline to hold oral proceedings. It is therefore open to the Tribunal, if it considers it appropriate, to dismiss a request for such proceedings (see, in particular, Judgments 3779, under 3, and 3780, under 3).
    The complainantís contention that the Tribunalís freedom to choose not to hold oral proceedings violates the European Convention on Human Rights is irrelevant. Indeed, apart from the fact that this contention appears unfounded, the Convention is not in any event applicable as such to international organisations within the legal system to which the Tribunal belongs (see, for example, Judgments 2236, under 11, 2611, under 8, or 2662, under 12).
    In the present case, in view of the extensive and detailed submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the issues raised by the case and does not therefore deem it necessary to hold oral proceedings.

    Reference(s)

    ILOAT reference: Article V of the Statute
    ILOAT Judgment(s): 2236, 2611, 2662, 3779, 3780

    Keywords:

    european convention on human rights; oral proceedings;



  • Judgment 3815


    124th Session, 2017
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for review of Judgment 3486.

    Consideration 3

    Extract:

    Article V of its Statute clearly permits the Tribunal to agree or decline to hold oral proceedings. It is therefore open to the Tribunal, if it considers it appropriate, to dismiss a request for oral proceedings (see, inter alia, Judgments 3779, under 3, and 3780, under 3).
    The complainantís contention that the Tribunalís prerogative not to hold oral proceedings violates the European Convention on Human Rights is irrelevant. Apart from the fact that this contention appears unfounded, the Convention is not in any event applicable as such to international organisations within the legal system to which the Tribunal belongs (see, for example, Judgments 2236, under 11, 2611, under 8, or 2662, under 12).
    In the present case, in view of the extensive and detailed submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the issues raised by this application for review and does not therefore deem it necessary to hold oral proceedings.

    Reference(s)

    ILOAT reference: Article V of the Statute
    ILOAT Judgment(s): 2236, 2611, 2662, 3779, 3780

    Keywords:

    european convention on human rights; oral proceedings;


 
Last updated: 14.11.2019 ^ top