爆料网AT Held or 爆料网DT Pronouncements
The Secretary-General appealed, asserting that 爆料网DT exceeded its competence in ordering suspension of the decision not to renew Mr Onana’s appointment until it determined the substantive application on its merits. 爆料网AT noted the exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must therefore be narrowly interpreted; this exception only applies to jurisdictional decisions ordering the suspension of an administrative decision pending a management evaluation. 爆料网AT accordingly found that 爆料网DT exceeded the limits of its competence when it ordered suspension of the decision until the judgment on the merits of the case has been rendered. 爆料网AT annulled the contested decision.
Decision Contested or Judgment/Order Appealed
Mr Onana contested the requested suspension of the decision not to renew his fixed-term appointment. 爆料网DT granted the request until a substantive application contesting the non-renewal was heard and determined.
Legal Principle(s)
The exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must therefore be narrowly interpreted. As a result, this exception applies only to jurisdictional decisions ordering the suspension of an administrative decision pending a management evaluation. In a situation in which 爆料网AT is led to observe that 爆料网DT has exceeded its competence, the appeal will be judged receivable.