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Independence (194, 195, 196,-666)

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Keywords: Independence
Total judgments found: 31

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  • Judgment 3514


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who was an Ombudsman contact person, contests the attitude of the President who, he considers, interfered with the Ombudsman's independence.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; independence; intervention; ombudsman;



  • Judgment 3369


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the application of deductions to her dependant’s allowance for participation in a strike and the amount deducted from most elements of her remuneration.

    Consideration 5

    Extract:

    "[T]he complainant is manifestly misguided in her belief that she can accuse the members appointed by the Staff Committee of failing to defend her during her hearing before the Committee, since those members, who are required just like other Committee members to execute their duties in a fully independent manner, cannot be expected to perform such a role."

    Keywords:

    independence; internal appeals body;



  • Judgment 3359


    118th Session, 2014
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants, former judges of the ICC, impugn the implied decision of the Assembly of States Parties not to determine to which Pension Scheme they were subjected.

    Consideration 29

    Extract:

    "As the complainants point out in their pleas, fundamental protections of the type in Article 49 are a common feature in many democracies with independent judiciaries. They exist to preserve and protect the independence of the judiciary, they do not exist to benefit individual judges, notwithstanding that they have this effect."

    Keywords:

    independence;



  • Judgment 3046


    111th Session, 2011
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Absolute privilege also operates to ensure the independence and impartiality of the judicial process. A tribunal would not be independent and impartial, nor seen to be so, if it were to assume the role of dictating to the parties the evidence and arguments that they can advance in their cases. That is not to say that a tribunal cannot control its own proceedings by, for example, excluding irrelevant evidence or striking out scandalous pleadings. Nor does it mean that a tribunal cannot draw inferences by reason of the nature of the evidence or argument presented, including in appropriate cases, adverse inferences as to the motive of the party relying on that evidence or argument. But if the evidence or argument is relevant to the issues to be decided, it is for the parties alone to determine whether they will rely on it. And because the parties must have that freedom or privilege, a tribunal cannot apply sanctions in separate proceedings with respect to the evidence or arguments advanced, particularly not after the proceedings have been completed. Were it otherwise, there would be no finality to litigation."

    Keywords:

    admissibility of evidence; adversarial proceedings; appraisal of evidence; evidence; independence; judicial review; submissions;



  • Judgment 2900


    108th Session, 2010
    European Telecommunications Satellite Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "It is [...] for the Tribunal to determine whether it is competent to hear a dispute, and the Tribunal is by no means bound in this respect by the opinions expressed by the parties in the course of the proceedings."

    Keywords:

    competence of tribunal; discretion; independence; procedure before the tribunal;



  • Judgment 2667


    104th Session, 2008
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The duty to act independently and impartially is incumbent not only on the authority competent for issuing the final formal decision in proceedings, but also on bodies responsible for giving an advisory opinion or for making a recommendation to this authority, a fortiori where the recommendation is a formal part of the decision-making process (see Judgment 2315, under 27)."

    Reference(s)

    ILOAT Judgment(s): 2315

    Keywords:

    advisory body; advisory opinion; condition; decision; due process; independence; procedure before the tribunal; recommendation;



  • Judgment 2537


    101st Session, 2006
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    One of the two members of the Medical Committee convened to examine the complainant's work capacity attached a handwritten statement to the report that an occupational origin of the invalidity could not be excluded. The Tribunal rules that "it was certainly not appropriate for members of the Office's Administration - faced with a clearly contradictory medical report - to approach the second expert in order to persuade him to withdraw his diverging opinion."

    Keywords:

    complaint allowed; complaint allowed in part; discontinuance; independence; invalidity; medical board; medical opinion; service-incurred;



  • Judgment 2354


    97th Session, 2004
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 and 7

    Extract:

    The complainant's post as a translator was abolished and his appointment was terminated. "According to the [applicable] provisions, the Secretary General was obliged to consult the Staff Committee before terminating [an] appointment. The Tribunal considers that this obligation to consult - which must not be seen as just an unnecessary formality, even though the Secretary General is not bound by the opinion of the advisory body - is not fulfilled unless the advisory body is in such a position that it can give an opinion independently and in full knowledge of the facts, which implies that it must be provided with all the information it needs, and especially the real reasons for the proposed measure, so that it can express an objective opinion. [...] While it emerges from the submissions that the general reasons for reducing the number of translators had been brought to the attention of the Staff Committee, it has not been established that the latter had been given the specific reasons for suppressing the complainant's post, rather than that of another official of the same grade and in the same Directorate, prior to delivering its opinion. [...] In the Tribunal's view, this lack of precise information concerning the specific reason for the decision to suppress the complainant's post in particular and to terminate his appointment invalidated the consultation provided for in [the applicable provisions], which is tantamount to saying that no consultation took place."

    Reference(s)

    Organization rules reference: Staff Regulation 12(a), Staff Rule 12.1(a) and Staff Circular No. 142

    Keywords:

    abolition of post; advisory body; advisory opinion; binding character; complaint allowed; complaint allowed in part; condition; consequence; decision; due process; duty to inform; executive head; flaw; grade; grounds; independence; lack of evidence; official; organisation's duties; post held by the complainant; provision; same; staff reduction; staff regulations and rules; termination of employment; written rule;



  • Judgment 2232


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

    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; limits; member state; official; organisation; right to reply; safeguard; serious misconduct; termination of employment; tribunal;



  • Judgment 2129


    93rd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The complainants [state] that, according to the Tribunal's case law (see Judgment 1821, for example), adjustments to international civil servants' salaries must satisfy objective criteria of stability, foreseeability and transparency. The Tribunal considers that this line of precedent - concerning the determination of staff salaries, which is necessarily governed by very strict rules - is not entirely applicable to the determination of allowances granted for a specific purpose, such as that of covering expenses incurred by staff members on travel status. Even if it claims to be acting in the exercise of its discretion, and although the legal framework surrounding its action remains vague or non-existent, the administration must base its decisions on objective considerations and avoid breaching any of the guarantees protecting the independence of international civil servants."

    Reference(s)

    ILOAT Judgment(s): 1821

    Keywords:

    adjustment; allowance; analogy; breach; case law; compensatory allowance; compensatory measure; criteria; decision; discretion; duty to substantiate decision; grounds; independence; no provision; official; official travel; organisation's duties; purpose; safeguard; salary; travel expenses; written rule;



  • Judgment 2083


    92nd Session, 2002
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 9

    Extract:

    The complainant suffered from retinal detachments and a detachment of the vitreous. The organization recognised her eye condition as service incurred. In "September 1998 [...] the [organization] decide[d] to stop reimbursing the bills [she submitted] on [the] grounds [...] that curing her retinal detachments was no longer the object of the treatment. However, it did not show that the service-incurred injuries were not a "direct and principal" cause of the treatment [... ] The Tribunal takes the view that although, as the organization says, the decision to stop reimbursing the bills was at the discretion of the Director-General, it could not be taken without an independent expert medical opinion obtained through a process which provides all the safeguards of transparency and impartiality." The case is therefore sent back to the organization.

    Keywords:

    case sent back to organisation; complaint allowed; consequence; decision; discretion; due process; executive head; expert inquiry; grounds; illness; independence; insurance benefit; lack of evidence; medical opinion; organisation; organisation's duties; procedure before the tribunal; professional accident; refund; refusal; safeguard; service-incurred;



  • Judgment 2032


    90th Session, 2001
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "Exemption from national taxes is an essential condition of employment in the international civil service and is an important guarantee of independence and objectivity. It cannot be made to depend upon the whim of national taxing authorities [...]."

    Keywords:

    complaint allowed; independence; member state; official; privileges and immunities; safeguard; salary; tax;



  • Judgment 1821


    86th Session, 1999
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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 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 service principles; member state; misuse of authority; official;



  • Judgment 1733


    84th Session, 1998
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The authorities of the complainant's home country, who were asked to give an opinion about giving him a promotion, declined their support for him but gave no reasons. If the country "had given a reason the Director General would have had to consider whether it was sound or not and whether refusing him the appointment was in the Agency's best interests. since it offered none, he had no basis on which to exercise his discretion. The complainant was fully qualified for promotion; his abilities were well known to the Agency and appreciated. The paramount consideration mentioned in Article VII.d [of the IAEA Staff Regulations] was heeded, namely seeking staff of the highest standards of efficiency, technical competence and integrity. The reason stated by the Agency for refusing him the appointment which he would otherwise have been granted is therefore untenable and acting from that reason amounted to a mistake in law."

    Reference(s)

    Organization rules reference: ARTICLE VII.D OF THE IAEA STAFF REGULATIONS

    Keywords:

    complaint allowed; decision quashed; discretion; independence; member state; organisation's duties; organisation's interest; promotion; qualifications; staff regulations and rules;

    Considerations 16 and 17

    Extract:

    "In the performance of their duties the Director General and staff may not seek or receive instructions from any source external to the Agency. For the Director General to allow a member State a veto on the appointment of a staff member is to 'receive instructions' from an external source and an interference with the paramount consideration of securing staff of the right calibre. Paragraph 68 of the Administrative Manual and the sentence 'accordingly government sponsorship will be required' [...] are null and void as being contrary to [...] the Statute."

    Reference(s)

    Organization rules reference: PARAGRAPH 68 OF THE IAEA MANUAL

    Keywords:

    appointment; complaint allowed; decision quashed; independence; member state; organisation's duties; staff regulations and rules;



  • Judgment 1730


    84th Session, 1998
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "Like any other organisation in the United Nations system, the FAO has a duty to ensure that its staff attain the highest standards of efficiency and technical competence. The arrangements made with the Chinese government up to 1992 prevented the Organization from exercising its own discretion about the level of competence of Chinese recruits. The fact that the arrangements have ceased is to be welcomed and any surviving anomalies should be corrected, not perpetuated."

    Keywords:

    appointment; discretion; flaw; independence; organisation; procedure before the tribunal;



  • Judgment 1475


    80th Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "It is inadmissible that a staff member should involve government officials in questioning the organization's internal workings."

    Keywords:

    conduct; independence; organisation; staff member's duties;



  • Judgment 1456


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    "No doubt national institutions that run pension schemes are better able to evaluate entitlements that may have accrued to the employee under one or more national schemes before recruitment [...]". No doubt the national institution has the last word on the figure to be used. But the organisation remains "free by virtue of its administrative and financial autonomy to discard any figure that the institution has worked out on some basis that offends against the prescriptions of the international regulations. It is free, too, to ask the institution to work out a new figure in the event of disagreement."

    Keywords:

    domestic law; independence; international civil service principles; organisation; pension; pension adjustment system; pension entitlements;



  • Judgment 1392


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    Because of the functions the Regulations confer on an appeals body, it is bound "to take a stand on many an issue that affects or may later affect its ownmembers as [employees of the organisation]. That is true of any court of administrative law, which may have to make rulings that affect its own members as individual citizens. The universal experience of the judiciary is that the duty of independence may be fully respected even in such circumstances."

    Keywords:

    composition of the internal appeals body; independence; internal appeals body; staff member's interest;



  • Judgment 1312


    76th Session, 1994
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The complainant was held against his will in his home country and could not return to his duty station at the end of his home leave. He seeks the quashing of the decision not to renew his appointment. Whether or not the Agency was competent to settle the issue which led the authorities of his country to keep him from returning to his duty station, it "had and still has the duty to safeguard its employee's right to work in full independence for his employer".

    Keywords:

    case sent back to organisation; complaint allowed; complaint allowed in part; contract; decision quashed; fixed-term; independence; non-renewal of contract; official; organisation's duties;

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Last updated: 02.07.2020 ^ top