General principle (181, 182, 183, 184, 185, 186, 187, 188, 189, 900, 663, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 645, 209, 211, 664,-666)
You searched for:
Keywords: General principle
Total judgments found: 222
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Judgment 1510
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"An international civil servant may not ordinarily impugn a general rule that does not affect himself. Yet he may challenge any individual decision that does him injury; in so doing he may support his claims with any plea he likes; and he may thus plead breach of some general principle or of a written rule or clause of his contract that constitutes a term of appointment." The complainants are "just as free to plead flaws in the material rules as any mistakes of law or fact in assessing the peculiarities of their own position."
Keywords:
breach; cause of action; complaint; contract; general decision; general principle; individual decision; receivability of the complaint; terms of appointment;
Judgment 1491
80th Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The rule against discrimination "holds good only where staff who are in like case both in law and in fact have not been treated alike. Under CERN's agreement with France its staff are exempt in that country from direct taxation on their earnings from the organization. But the provision does not apply to French citizens, who do not enjoy exemption from tax on their earnings from CERN and are therefore, by reason of the terms of an agreement that CERN is bound by, not in the same position in law as staff of other nationalities."
Keywords:
domestic law; equal treatment; general principle; nationality; privileges and immunities; tax;
Judgment 1484
80th Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"According to general precepts of administrative law and the law of the international civil service an organization may not unilaterally take action that affects a staff member's status before letting him have his say".
Keywords:
general principle; international civil service principles; organisation's duties; right to reply;
Judgment 1479
80th Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"The Tribunal has often affirmed the principle of good faith by which international organisations are bound and their duty to treat their staff members with consideration and fairness. It has also affirmed - for example in Judgment 946 [...] - the staff member's right to be kept informed of any action that may affect his legitimate interests."
Reference(s)
ILOAT Judgment(s): 946
Keywords:
case law; duty to inform; general principle; good faith; organisation's duties; respect for dignity; staff member's interest;
Judgment 1463
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
[T]he appointing authority is bound - patere legem quam ipse fecisti - to abide by the rules that it has itself issued and that have the force of law. So any breach of them will constitute a fatal flaw in the impugned decision.
Keywords:
general principle; patere legem;
Judgment 1451
79th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
"[Certain] conclusions may be drawn from [...] considerations of comparative law. Jurisdiction is conferred where there are significant connections with a particular forum; recourse to a specific system of law is one such connection; there may be more than one forum which has jurisdiction; the connections are to be assessed against the interests of both parties to the litigation and against the public interest as well; and any conflict of jurisdiction must invariably be so resolved as to allow no judicial void where conflicting jurisdictions decline competence."
Keywords:
applicable law; competence; domestic law; general principle; municipal court;
Consideration 30
Extract:
"The reinstatement of the status quo by the quashing of the decision [to amend the rules of the provident fund so as to confer sole jurisdiction on a national tribunal] restores a situation which is quite consistent with the requirement of rational division of jurisdiction in the international context. Each of the jurisdictions that may be competent - the [national] tribunal and this Tribunal - will be able to determine its own competence according to the material rules on conflict. That was what the Tribunal held in Judgment 1258 on a case in which there was similar conflict of jurisdiction: it said under 4 that it was for each court to rule on its own competence."
Reference(s)
ILOAT Judgment(s): 1258
Keywords:
applicable law; case law; competence; competence of tribunal; domestic law; general principle; municipal court;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"The Tribunal has never ruled out municipal law a priori. Although it is ordinarily and essentially competent in a context of international law, it may well have to heed some provisions of municipal law where, as indeed in this case, there is renvoi to such law in a contract of service or in an organisation's rules. Precedent further has it that there may be reference to municipal law for the sake of comparison and so as to educe certain general principles of law that apply to the international civil service."
Keywords:
applicable law; case law; contract; domestic law; general principle; international civil service principles; staff regulations and rules; tribunal;
Judgment 1445
79th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was charged with making false statements to collect certain benefits. He says the organisation's policy was easy going and alleges breach of equal treatment. "There is no evidence to show just what the practice that the complainant relies on may have been: it does not seem to be a general one. Nor is there any evidence to suggest that those who he says benefited from it were all in the same position in fact and law as he. Indeed [...] his position in fact was peculiar to him since it was he who processed claims to the refund of education expenses. So he may not claim the same treatment as other officials".
Keywords:
equal treatment; evidence; general principle; practice;
Judgment 1395
78th Session, 1995
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant was dismissed under Staff Rule 2.6.01 which says that "appointments shall terminate on account of [...] g) dismissal for specified reasons of unsuitability." The Tribunal holds that this means, "first that the reasons must be 'specified' in some form that enables the staff member to understand them clearly and, secondly, that the statement of them must be prior to the actual dismissal. It is, after all, a general principle of law that the staff member must be afforded a proper opportunity, again prior to dismissal, to answer any allegations of unsuitability."
Reference(s)
Organization rules reference: EMBL'S STAFF RULE 2.6.01
Keywords:
due process; duty to substantiate decision; flaw; general principle; organisation's duties; reinstatement; right to reply; staff regulations and rules; termination of employment; unsatisfactory service;
Judgment 1369
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
"The duty to explain a decision is a general principle of administrative law: the decision-maker must at least give such statement of the reasons for the decision that anyone it affects may defend his rights and the Tribunal may rule on any case before it. But the content of the duty will vary with the nature of the decision."
Keywords:
duty to substantiate decision; general principle; judicial review; motivation; motivation of final decision; purport; right of appeal; right to reply;
Judgment 1362
77th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[T]he Tribunal must rule yet again on WIPO's refusal to discharge the obligation to decide on reinstatement. As it has stated more than once, its judgments are to be given immediate effect. In the regrettable event that the Organization continues to disregard that rule and fails to act within 30 days of the date of delivery of this judgment, it must pay the complainant 10,000 swiss francs by way of penalty for each further month of delay."
Keywords:
amount; application for execution; continuing breach; decision; delay; execution of judgment; general principle; judgment of the tribunal; organisation's duties; penalty for delay; refusal; reinstatement; res judicata; time limit;
Judgment 1355
77th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"There is no rule or principle of law that requires the Director-General to state in so many words just why he has turned someone down for promotion or appointment. What matters is that, if the official asks, the reasons must be revealed. Otherwise the Tribunal may not exercise its power of review and determine whether the reasons are lawful and the decision sound."
Keywords:
appointment; candidate; decision; duty to substantiate decision; general principle; grounds; judicial review; no provision; official; organisation's duties; post; promotion; refusal; request by a party; subsidiary; written rule;
Judgment 1334
76th Session, 1994
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
"The Tribunal does not require of the Agency the sort of strict attention to form that might bring its work to a standstill, but will require scrupulous observance of forms and procedures that protect staff interests in any administration that is lawfully managed and subject to proper review."
Keywords:
due process; general principle; organisation's duties; purport; staff member's interest;
Judgment 1333
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The law that the Tribunal applies in entertaining claims that are put to it includes not just the written rules of the defendant organisation but the general principles of law and basic human rights."
Keywords:
applicable law; general principle; staff regulations and rules; tribunal; universal declaration of human rights;
Consideration 9
Extract:
The complainants had their pay docked for one day's strike action. The deductions the EPO made covered all elements of pay including allowances. The complainants sacrificed their family allowance from the EPO whereas other officials, who received an analogous allowance from the Dutch government, suffered no similar loss. "Employees whose families do receive the Dutch child allowance are not in the same position in law as those who receive the EPO family allowance, the source of the benefit not being the same. Since the principle of equal treatment applies only where staff members are in the same position in law, there is no breach of it in the present instance."
Keywords:
criteria; deduction; domestic law; elements; equal treatment; family allowance; general principle; right to strike; salary; strike;
Judgment 1309
76th Session, 1994
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
See Judgments 442 and 704, consideration 2.
Reference(s)
ILOAT Judgment(s): 442, 704
Keywords:
admissible grounds for review; application filed by the organisation; application for review; case law; exception; general principle; inadmissible grounds for review; judgment of the tribunal; mistake of law; new fact on which the party was unable to rely in the original proceedings; organisation; res judicata;
Judgment 1250
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 22-23
Extract:
The complainant was dismissed for misconduct after refusing transfer to a post outside headquarters. He alleges that summary dismissal was at odds with the principle of proportionality. The Tribunal holds that "dismissal was not a sudden decision. Furthermore, even after the proposal for dismissal he was given two opportunities to change his mind. [...] The decision to dismiss was a proper exercise of the discretion of the organization and did not infringe the principle of proportionality."
Keywords:
decision; disciplinary measure; discretion; duty station; general principle; headquarters; organisation; proportionality; refusal; serious misconduct; termination of employment; transfer;
Judgment 1249
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The organization decided not to extend the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The organization makes out that, having derived from his status as a 'seconded' official the privilege of being relieved of going through the usual competitive process, the complainant may not, according to the doctrine of estoppel, 'take advantage of a special situation in his favour and then later deny the validity of this in order to obtain some further advantage'. The simple answer to that is that the organization bypassed the usual procedure because of an understanding it had with [a Member State]. So it may not properly expect the complainant to suffer for its own failure to follow the usual procedure as laid down in its rules."
Keywords:
appointment; breach; competition; complainant; contract; decision; enforcement; fixed-term; general principle; good faith; non-renewal of contract; procedure before the tribunal; secondment; staff regulations and rules;
Judgment 1200
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants dispute the amendment of a provision concerning pensionable remuneration in the Staff Regulations of the International Training Centre of the ILO at Turin. They allege that the impugned decision is unlawful because it was in breach of the duty to consult the Staff Relations Committee under Articles 0.3 and 10.2(a) of the Staff Regulations. The Tribunal observes that the principle embodied in these provisions is plain: cooperation between staff and management. The sequence of events shows that the organisation did not follow the prescribed procedure. The Tribunal holds that when the Centre wishes to amend its Staff Regulations "it is making a decision of its own and must abide by the rules of its own making. [...] its failure [to do so] in this instance was unlawful and has the effect of avoiding the new text of [the provision]. [...] Since the individual decisions under challenge rest on an improperly made amendment to the Staff Regulations they are unlawful."
Reference(s)
Organization rules reference: ARTICLES 0.3 AND 10.2 (A) OF THE ITC STAFF REGULATIONS
Keywords:
advisory body; amendment to the rules; consultation; due process; flaw; general principle; judicial review; patere legem; procedural flaw; procedure before the tribunal; staff regulations and rules;
Judgment 1199
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainants plead breach of their acquired rights concerning pay. "In this case the changes were made because of shifts in economic trends and tax rules in the United States [...] The competent authorities [...] decided in the exercise of their discretion to keep the link with the civil service of the member State - the United States - that is customarily the 'comparator' in determining pay in the international civil service. Their solution is not intrinsically unlawful."
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; amendment to the rules; discretion; domestic law; general principle; noblemaire principle; reckoning; salary; scale;
Consideration 8
Extract:
The complainants contend "that the arrangement for adjustment ought to have reflected average economic trends in more than just one country. That is to question the whole basis of the pensions scheme. The United States federal civil service was the 'comparator' for determining the pay and pensions in the United Nations common system. It was therefore only reasonable to take economic trends in the United States alone into account. So it was not just a matter of policy: the ILO's decision was a logical application of the prescribed approach."
Reference(s)
ILOAT Judgment(s): 832
Keywords:
adjustment; coordinated organisations; domestic law; general principle; noblemaire principle; pension; reckoning; salary; scale;
Judgment 1195
73rd Session, 1992
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It is a general principle of law that any sum paid on a mistaken assumption of fact is recoverable. And since the complainant received payment on the assumption that her husband was her dependant and since that assumption later proved to be mistaken, the sums she received are, according to that principle, recoverable."
Keywords:
family allowance; general principle; recovery of overpayment; refund; right;
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