Executive body (555,-666)
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Keywords: Executive body
Total judgments found: 48
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Judgment 1791
86th Session, 1999
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
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:
abuse of power; breach; discretion; executive body; general principle; independence; international civil service principles; member state; misuse of authority; official;
Judgment 1660
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The Association's third objection is that the complainants are challenging the adoption of rules and in any event cannot impute any present injury thereto. According to precedent an international civil servant may in exceptional circumstances challenge the lawfulness of a rule that has been applied to him. The notification to the complainants of the changes in the system of reckoning and paying their retirement pensions constituted individual application of rules adopted by the member States of EFTA and set out in the contract with [a private insurance company]. Even though, as the defendant says, the complainants cannot yet show any injury, they do have a cause of action and may challenge, howsoever they wish, the lawfulness of the new pension rules."
Keywords:
case law; cause of action; competence of tribunal; complaint; executive body; general decision; individual decision; injury; lack of injury; pension; receivability of the complaint;
Consideration 11
Extract:
Insofar as the seven Member States continued to be jointly responsible for the Staff Insurance Scheme (SIS) "the delegation of authority was quite proper. What is more, it was quite understandable since the seven countries still owed the serving and the retired staff joint responsibility for safeguarding their entitlements. That is how the three departing countries were associated in the decisions of the future of the SIS. Besides, the decisions were unanimous, and there can have been no procedural flaw in the mere attendance - which was highly desirable anyway - of representatives of the former Member States as well." The plea of incompetence must, therefore, be rejected.
Keywords:
competence; decision-maker; delegated authority; executive body; member state; procedural flaw;
Judgment 1658
83rd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"The complainant asks the Tribunal to adjourn the case until a decision has been taken by the [...] Administrative Council of the EPO - on his application for referral of Judgment 1333 [...] to the International Court of Justice for an advisory opinion. [...] The Tribunal asked the Organisation what was the status of any application from the complainant to the Administrative Council for such referral. The Organisation replied [...] enclosing a copy of a letter that the Chairman of its Council had written to the complainant [...] explaining that the conditions for such referral were not fulfilled: the Council was satisfied, said its Chairman, that the Tribunal had been competent to hear the case and that there had been no fundamental fault in the procedure followed. Since the complainant's application for referral to the court has been refused the Tribunal will now take up the case."
Reference(s)
ILOAT Judgment(s): 1333
Keywords:
advisory opinion of icj; competence of tribunal; complainant; executive body; icj; judgment of the tribunal; procedural flaw; request by a party; submissions;
Judgment 1591
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Tribunal may not order the Chairman of the EPO's Council to offer him an apology. It "is not competent to issue an order of that kind to the authorities of an international organisation."
Keywords:
claim; competence of tribunal; executive body; receivability of the complaint; summary procedure;
Judgment 1118
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
The organisation submits that the Tribunal is not competent to entertain a challenge to measures taken by the Permanent Commission, which is a legislative body. "An organisation may of course freely decide what its staff regulations are to say and what the structure of its secretariat is to be. But once it has laid those administrative foundations the political and administrative bodies that frame personnel policy have a duty as employer at all times and more particularly when amending conditions of service to abide by [the] general principles [of the international civil service]. As it stated in Judgment 986 [...], under 2, the Tribunal is fully competent when the relationship between the organisation and its staff is at issue, subject only to Article XII of its Statute."
Reference(s)
ILOAT reference: ARTICLE XII OF THE STATUTE
ILOAT Judgment(s): 986
Keywords:
competence of tribunal; enforcement; executive body; general decision; international civil service principles; legislative body; organisation's duties;
Judgment 936
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"The conclusion is that the Council's approval of the new scales is null and void for two reasons: because no reasons for it are stated, and because it takes into account a factor, the Dutch levy, that the rules in force in the organisation do not provide for."
Keywords:
amendment to the rules; breach; decision; deduction; duty to substantiate decision; executive body; grounds; provision; reduction of salary; salary; scale; staff regulations and rules; written rule;
Consideration 18
Extract:
"The decisions determining the complainants' pay are [...] void because they rest on an invalid general decision of the Council's."
Keywords:
consequence; decision; executive body; flaw; general decision; individual decision; judicial review;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The Director-General omitted to consult the Executive Board of Unesco before taking his decision, though Article 54 of the Board's Rules of procedure reads: 'The Director-General shall consult the members of the Executive Board with regard to the appointment or renewal of a contract of officials at D.1 and above whose posts come under the regular budget of the organization.'" The decision to appoint the complainant to an unclassified post is therefore tainted with a fatal flaw.
Reference(s)
Organization rules reference: ARTICLE 54 OF THE RULES OF PROCEDURE OF THE EXECUTIVE BOARD OF UNESCO
Keywords:
appointment; assignment; breach; consultation; executive body; executive head; extension of contract; flaw; organisation's duties; professional category; written rule;
Judgment 751
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The plea that no reasons were given for the impugned decision is also unsound. There can be no obligation whatever on the EPO to state its reasons for introducing scales approved by the Council. Such a decision finds its justification quite simply in the administration's position of subordination to the Council."
Keywords:
administrative instruction; amendment to the rules; decision; duty to substantiate decision; enforcement; executive body; general decision; provision; salary; scale;
Judgment 740
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Council's 'guidelines', inasmuch as they set objective and binding criteria and do not offer mere guidance, are binding on the President insofar as they do not allow him discretionary authority."
Keywords:
administrative instruction; binding character; decision; discretion; enforcement; executive body; executive head; general decision;
Judgment 739
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In this case, the Office took the view that the Council's new guidelines on how professional experience should count in the reckoning of seniority did not apply to the complainant. "The EPO was therefore under no duty to inform the complainant of the guidelines or to explain to him how his own position differed from that of staff members to whom the guidelines applied."
Keywords:
administrative instruction; amendment to the rules; decision; duty to inform; executive body; organisation's duties; professional experience; provision; reckoning; seniority;
Consideration 1
Extract:
"The Council's 'guidelines', inasmuch as they set objective and binding criteria and do not offer mere guidance, are binding on the President insofar as they do not allow him discretionary authority."
Keywords:
administrative instruction; binding character; decision; discretion; enforcement; executive body; executive head; general decision;
Judgment 726
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants are impugning the decision by the Administrative Council of the EPO to impose a temporary levy of 1.5 per cent on staff members' salaries. The Tribunal holds that the Council's decision falls within the scope of its powers. Inasmuch as the levy is temporary and very small and there is a guarantee of nominal basic salary, the Tribunal concludes that there was no breach of the complainants' acquired rights.
Keywords:
acquired right; competence; decision; decision-maker; deduction; executive body; general decision; judicial review; reduction of salary; salary; tax;
Judgment 669
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The impugned decision is one of the Administrative Council. The Tribunal has ruled that cases challenging a general decision are irreceivable, since such a decision must ordinarily be followed by individual decisions against which appeal does lie.
Keywords:
application for quashing; decision; executive body; general decision; receivability of the complaint;
Judgment 667
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The impugned decision is one of the Administrative Council. The Tribunal has ruled that cases challenging a general decision are irreceivable, since such a decision must ordinarily be followed by individual decisions against which appeal does lie.
Keywords:
application for quashing; decision; executive body; general decision; receivability of the complaint;
Judgment 646
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has such competence as is conferred on it by Article II of its Statute. Decisions under Article XII and the Annex [on submissions to the International Court of Justice for advisory opinion] fall outside the scope of its competence. In fact, although Article II, paragraph 7, empowers the Tribunal to rule on its own competence, its ruling is subject to the right of the governing body of an international organisation to seek review if it believes that the Tribunal has exceeded its jurisdiction or committed a fundamental error of procedure."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 7, AND ARTICLE XII OF THE STATUTE; ANNEX TO THE STATUTE
Keywords:
advisory opinion of icj; competence; competence of tribunal; executive body; icj; iloat statute; request by a party; vested competence;
Judgment 620
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"According to Article II of its Statute the Tribunal may hear complaints alleging non-observance of the official's terms of appointment or of the Staff Regulations. Having only such competence as is conferred upon it, it may not entertain matters out with the ambit of that article. It is therefore not competent to invite the FAO Council to address the International Court of Justice."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
advisory opinion of icj; competence of tribunal; executive body; icj; request by a party; vested competence;
Judgment 598
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Where the guidelines properly modify the requirements of the Service Regulations they confer on the President an authority of his own which he exercises in the general interest and as befits the particular circumstances. [...] The wording of the guidelines is such that they cannot be treated as nothing more than standards or goals [...] They set objective and binding criteria for deciding on individual staff cases, and, while not ignoring the President's discretionary authority, the Tribunal will review the application of the rules the Council has laid down."
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 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 585
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The applicable Staff Rule says that it is the Administrative Council which may decide to reclassify a post on a proposal by the President. As the President saw no reason for regrading the complainant, he had no proposal to put to the Council.
Keywords:
competence; executive body; executive head; post classification; proposal;
Judgment 537
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Executive Board adopted the French version of [WHO Staff Rule] 1030.3.4, and the Executive Board alone could amend it. Instead it was the Director-General who decided to alter the French text, and the fact that he did is immaterial since according to Rule 020 the Director-General's authority is limited to making proposals for amendment. [...] Accordingly, his so-called 'correction' is in itself null and void. Either he discovers an error, and the original text must be applied; or else he alters the adopted text without being competent to do so."
Reference(s)
Organization rules reference: ARTICLES 020 AND 1030.3.4 OF WHO STAFF RULES
Keywords:
amendment to the rules; competence; decision-maker; executive body; executive head; proposal; provision; staff regulations and rules;
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;
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