Enforcement (236,-666)

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Keywords: Enforcement
Total judgments found: 208

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• Judgment 28

  
  6th Session, 1957
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (A)

  Extract:

  "The complainant wrongly alleges that english law is applicable as his national law, whereas the Tribunal is bound exclusively by the internal law of the organisation [...] as well as by general principles of law."

  Keywords:

  applicable law; arbitration; domestic law; enforcement; general principle; staff regulations and rules;
  

  
  
  

• Judgment 20

  
  5th Session, 1955
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration on the substance (C)

  Extract:

  "The decision taken by the Director-General [...] was preceded by a referral to the Board of Inquiry and Appeal competent to advise [him] ; [...] the opinion given by the said Board in no way binds the Director-General and even if the Board had the right to modify certain time limits no complaints can be laid against the Board for not having exercised such option; [...] it was for the Director-General to appreciate whether the opinion as formulated sufficed as a basis for his decision."

  Keywords:

  binding character; discretion; enforcement; executive head; internal appeals body; recommendation;
  

  
  
  

• Judgment 19

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration on competence

  Extract:

  Vide Judgment 18, consideration on competence.

  Reference(s)

  ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
  ILOAT Judgment(s): 18
  

  Keywords:

  competence of tribunal; enforcement; interpretation; staff regulations and rules;
  

  
  
  

• Judgment 18

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration on competence

  Extract:

  "The question is [...] a dispute concerning the interpretation and application of the Staff Regulations and Rules of the defendant organisation [...]. By virtue of Article II, paragraph 1, of its Statute, the Tribunal is competent to hear the said dispute."

  Reference(s)

  ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
  
  

  Keywords:

  competence of tribunal; enforcement; interpretation; staff regulations and rules;
  

  
  
  

• Judgment 17

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration on competence

  Extract:

  Vide Judgment 18, consideration on competence.

  Reference(s)

  ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
  ILOAT Judgment(s): 18
  

  Keywords:

  competence of tribunal; enforcement; interpretation; staff regulations and rules;
  

  
  
  

• Judgment 14

  
  4th Session, 1954
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The judge is bound to observe strictly the rules of law and can have recourse to equity only in the event of lack of clarity of the text or silence of the Regulations."

  Keywords:

  applicable law; enforcement; equity; exception; general principle; no provision;
  

  
  
  

• Judgment 13

  
  4th Session, 1954
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The Director-General based his decision on the provision empowering him to dismiss at any time a probationer whose services are deemed unsatisfactory on condition that the reasons for the decision be given in writing. The internal appeals body believed that the provision on the interests of the organization afforded a further possible justification for the measure. The director confirmed the decision. "At that stage [...] a change of grounds would have vitiated the procedure".

  Keywords:

  amendment to the rules; discretion; duty to substantiate decision; enforcement; flaw; grounds; organisation's interest; probationary period; procedural flaw; staff regulations and rules; termination of employment; unsatisfactory service;
  

  
  
  

• Judgment 11

  
  3rd Session, 1953
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 1 and 3

  Extract:

  "The circumstances show that the two parties seem to agree implicitly that the national legislation of the place in which the [...] branch office [of the organisation] is situated should by analogy be applied in this case [...]. The Director-General has himself stated that this is the procedure normally followed in all the branch offices [...]. It is therefore necessary to enquire whether [national] legislation has been respected in this case and to bear in mind the opinion of the ad hoc Joint Committee".

  Keywords:

  analogy; applicable law; domestic law; enforcement; field; no provision;
  

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