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Binding character (581,-666)
You searched for:
Keywords: Binding character
Total judgments found: 58
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Judgment 597
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 598, consideration 1.
Reference(s)
ILOAT Judgment(s): 598
Keywords:
administrative instruction; amendment to the rules; binding character; competence of tribunal; discretion; enforcement; executive body; executive head; general decision; staff regulations and rules;
Judgment 577
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As the Tribunal observed in [Judgment 421] the question whether the action of the administration [...] was intended to have a contractual effect must be determined in the light of the circumstances in each case. In regard to the non-renewal of fixed-term contracts, it seems to the Tribunal that staff members would, in view of the practice, have come to rely on receiving reasonable notice as part of their contractual rights".
Reference(s)
ILOAT Judgment(s): 421
Keywords:
binding character; contract; fixed-term; non-renewal of contract; notice; practice; reasonable time;
Judgment 518
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The meaning of [the rule], on a literal construction and in the context of the Service Regulations, cannot be altered by reliance on material which does not embody rules, such as [the] document [in question], the sole purpose of which is to submit to the competent authorities of the [organisation] information on the [situation]".
Keywords:
binding character; information note; interpretation; provision; staff regulations and rules;
Judgment 486
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
It is organization policy to treat a promotion from GS grades to P category as justifying a review of the place of residence. "There is ample evidence that this was the stated policy, though [...] there is no evidence in the dossier of the policy being put into practice. [...] The question is therefore whether it is within the competence of the Tribunal to enforce a rule of policy or practice." A statement by the Director-General explaining a practice which he intends to follow can under certain circumstances create a contractual obligation arising out of the relationship created by the appointment. The Tribunal is competent to hear the complaint.
Keywords:
amendment to the rules; binding character; competence of tribunal; contract; general service category; practice; professional category; promotion;
Consideration 8
Extract:
A statement by the Director of a practice which he intends to follow can under certain conditions establish a contractual obligation arising out of the relationship created by the appointment. Such statements often relate to the way in which the Director intends to administer a staff rule and thus clarify and amplify it. "But just as a staff rule must not conflict with the staff regulation under which it is made, so a statement of practice must not conflict with the rule which it is elaborating."
Keywords:
binding character; enforcement; executive head; practice; precedence of rules; provision; staff regulations and rules;
Judgment 457
46th Session, 1981
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants failed to get a promotion and addressed an appeal within the applicable time limits to the Director. He failed to take a decision on the matter within the sixty-day time, relying on the major criteria for compiling lists of officials for promotion. The final decision fell within the discretionary authority of the Director, who was free to endorse the recommendations of the Promotion Committee, although he was not bound to. There were no grounds for finding an abuse of discretionary authority. Complaint dismissed.
Keywords:
advisory opinion; binding character; discretion; executive head; promotion; promotion board; proposal;
Judgment 431
45th Session, 1980
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant relies on a practice whereby inspectors who have given satisfactory service for two years would normally have their appointments renewed for five-year periods. "That is only a general practice [...] not a binding rule. In other words, it neither laid any obligation on the Director-General in this case nor conferred any right on the complainant."
Keywords:
amendment to the rules; binding character; contract; duration of appointment; extension of contract; five-year review; fixed-term; practice;
Judgment 421
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
the director can put himself under an obligation to exercise his authority in a particular way: by the establishment of a practice on which the staff come to rely; or by an announcement by administrative circular or otherwise that in the exercise of power the director proposes to follow a specified procedure. if the director promises expressly or implicitly not to exercise his authority except in a particular way, he can bind himself, at least temporarily, not to act except in that way. the tribunal has no jurisdiction to enforce such a promise unless it is one which is intended to have a contractual effect as between the organisation and the officials.
Keywords:
binding character; competence of tribunal; effect; executive head; practice; promise;
Consideration 9
Extract:
the tribunal concludes that an information note on the setting up of a working party did not become part of the contractual relationship between the organisation and the complainant. it is not therefore competent to consider allegations that the terms of the note were not observed. the note may have constituted an agreement between the director and the staff union, but that would not bring it within the competence of the tribunal.
Keywords:
binding character; competence of tribunal; contract; elements; information note; staff union agreement;
Judgment 397
43rd Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Although the complainant's argument was endorsed by the Appeal Board and did perhaps have some truth in it, it is not borne out by sufficient evidence for the Tribunal to find that the Secretary-General drew clearly mistaken conclusions from the facts."
Keywords:
binding character; consequence; internal appeals body; judgment of the tribunal; recommendation; tribunal;
Judgment 352
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In exercising his authority the Director-General is not bound by the recommendations of the advisory bodies. He is indeed quite free to determine the general assessment in the light of the whole file and even to alter the assessments agreed on by the official's own supervisors. The bodies which advise the Director-General therefore enjoy just as much freedom as he to assess the official's performance. [...] It is therefore open to them, if they wish, to dissent from an opinion shared by [the supervisors]."
Keywords:
advisory body; advisory opinion; binding character; discretion; executive head; performance report; rating; supervisor; work appraisal;
Judgment 330
39th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Administrative Council's declaration which the complainant cites is a document that "does not have the force of a rule but merely affords guidance." And although the "general principles" approved by the Administrative Council "give [the Director-General] guidance [...] they also respect his discretionary authority and the Tribunal must acknowledge that by not going beyond the scope of its minimum power of review".
Keywords:
administrative instruction; binding character; discretion; executive body; executive head; judicial review;
Judgment 301
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The function of [careers] committees is purely advisory, and the criteria they adopt have no binding force. Hence, even though those criteria are not beyond reproach, the Director-General's decisions are not tainted on that account."
Keywords:
advisory body; binding character; criteria; discretion; executive head; promotion; promotion board;
Judgment 297
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant argues that the Director-General was bound by the Committee's recommendation and in failing to act on it committed an error of law. According to the Staff Regulations, the Committee shall advise the Director-General; "indeed its function is purely advisory. The Tribunal is competent only to find breaches of terms of appointment and of the Staff Regulations. It cannot treat the above regulation as an exception and, passing over the law in force, regard the Appeals Committee's recommendation as mandatory."
Keywords:
advisory body; binding character; decision; enforcement; executive head; internal appeals body; recommendation;
Judgment 278
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Administrative Council "defined its position as follows: 'The provisions of the Staff Regulations and other texts relating to the staff should so far as possible match those applicable to European Communities staff.' It appears clearly from this statement, the precise purport of which is indicated by use of the term 'so far as possible', that the Administrative Council did not decide to ensure full conformity between [its Staff Regulations] and those of the European Communities, that it entered into no legal commitment in that regard and that it merely made a statement of intent which did not provide for any sanction."
Keywords:
binding character; coordinated organisations; enforcement; executive body; law of european communities; proposal; rule of another organisation; statement of intent;
Judgment 277
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The statement merely says that the Council has adopted a series of proposals the purpose of which is to bring the salary scales and related benefits in line with those applicable in the European Communities. "That is a mere statement of intent which did not imply any firm undertaking by the Institute and which consequently did not create rights upon which the staff may rely. Hence the complainant cannot rely upon that statement to support his claim to entitlement under the provisions applicable to the staff of the European Communities."
Keywords:
binding character; enforcement; executive body; law of european communities; pension; proposal; right; rule of another organisation; salary; statement of intent;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General adopted the recommendation of the internal appeals body; neither he nor the appeals body was bound by the recommendations of the Disciplinary Committee "and he could lawfully impose a penalty more severe than had been recommended by those bodies."
Keywords:
binding character; decision; disciplinary measure; discretion; enforcement; executive head; internal appeals body; recommendation;
Judgment 177
26th Session, 1971
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(A)
Extract:
The practice of other organisations amounts to a rule, "that is, the officials of the organisation are entitled to reimbursement as provided [of national taxes], to the extent that it accords with the practice of the other organisations. Alternatively, the [other] organisations [...] have no relevant 'practice' or may have adopted a 'practice' in cases which are not identical with or even similar to those of officials of the respondent organisation. On this hypothesis it cannot be asserted either that the officials of the organisation are always entitled or that they are never entitled to the reimbursement of the taxes paid by them."
Keywords:
binding character; practice; refund; rule of another organisation; tax;
Judgment 82
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The organisation "has the option of asking the International Court of Justice for an opinion, which is binding [...]. This option, which can [...] be used without any restriction as to time, does not affect, in the absence of any explicit provisions in [...] Article XII [of the Statute of the Tribunal], the immediately operative character of those judgments. With regard to the opinion which the organisation may possibly request from the Court by virtue of [...] the agreement between the United Nations and [the organisation], this opinion is only of an advisory character and could not, in any event, have any influence on the execution of the judgment by the Tribunal."
Reference(s)
ILOAT reference: ARTICLE XII OF THE STATUTE
ILOAT Judgment(s): 61
Keywords:
advisory opinion of icj; binding character; delay in payment; execution of judgment; icj; judgment of the tribunal; organisation; suspensory effects;
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;
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