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Double jeopardy (186,-666)

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Keywords: Double jeopardy
Total judgments found: 4

  • Judgment 4400


    131st Session, 2021
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the International Labour Office, impugns the decisions of the Director-General to issue a reprimand against him, to revoke his appointment as a Director, to appoint another person to that post and, finally, to discharge him with notice.

    Consideration 28

    Extract:

    [A]s the Tribunal has repeatedly stated, the double jeopardy rule, which precludes only the imposition of further disciplinary sanctions for acts which have already attracted a disciplinary sanction, does not prevent both disciplinary and non-disciplinary consequences from attaching to the same acts. That rule does not therefore prevent the organisation concerned from taking measures of various kinds, each corresponding to its interests in a particular area, in response to the same act or conduct by an official (see, in particular, Judgments 3126, consideration 17, 3184, consideration 7, or 3725, consideration 9).

    Reference(s)

    ILOAT Judgment(s): 3126, 3184, 3725

    Keywords:

    double jeopardy;



  • Judgment 3126


    113th Session, 2012
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "The rule against double jeopardy does not prevent disciplinary and non-disciplinary consequences attaching to the same acts or events. However, it does preclude the imposition of further disciplinary measures for acts or omissions that have already attracted a disciplinary sanction."

    Keywords:

    cause; consequence; definition; disciplinary measure; double jeopardy; individual decision; organisation's duties;



  • Judgment 934


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant is mistaken in alleging breach of the principle of double jeopardy, since the grounds for the two reprimands were different.

    Keywords:

    censure; difference; disciplinary measure; double jeopardy; grounds;



  • Judgment 354


    41st Session, 1978
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The fact that the original decision became final when it was not challenged within the prescribed time limit does not prevent the Tribunal from examining whether the decision not to extend the appointment "is not really a further disciplinary sanction based on the same facts, and on that account a mistake of law."

    Keywords:

    decision; disciplinary measure; double jeopardy; misconduct;


 
Last updated: 23.09.2021 ^ top