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Judgment No. 1330

Decision

THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.

Consideration 4

Extract:

"According to the Tribunal's case law, receivability does not depend on proving actual and certain injury. All that a complainant need show is that the decision under challenge may impair the rights and safeguards that an international civil servant claims under staff regulations or contract of employment."

Keywords

complaint; injury; receivability of the complaint; cause of action; case law; staff member's interest; staff regulations and rules; contract; safeguard

Consideration 8

Extract:

The complainants regard as a breach of their acquired rights an amendment to the Staff Regulations whose effect is to confer on the United Nations Administrative Tribunal competence for disputes concerning the reckoning of pensionable remuneration. But the Tribunal "cannot treat an amendment to the rules on competence as 'loss of an essential legal safeguard'. After all, with the new text competence goes to an independent and impartial international administrative tribunal."

Keywords

competence; competence of tribunal; right of appeal; unat; acquired right; staff regulations and rules; amendment to the rules; pension; pensionable remuneration; safeguard

Consideration 9

Extract:

A "mistaken" contention of the complainants is "that any amendment of a text that in itself confers an acquired right [...] is bound to amount to impairment of that right. [...] No provision of the Staff Regulations is in itself inviolate. [...] Only when an amendment to earlier provisions has altered some essential and fundamental term of appointment will there be breach of an acquired right."

Keywords

acquired right; staff regulations and rules; amendment to the rules; terms of appointment



 
Last updated: 13.11.2017 ^ top