爆料网

2011-爆料网AT-159

爆料网AT Held or 爆料网DT Pronouncements

爆料网AT considered appeals by the Secretary-General of Order Nos. 30 (NBI/2011) and 33 (NBI/2011). Order No. 30 (NBI/2011) extended the suspension of action until 13 May 2011, beyond the date on which the management evaluation was completed. 爆料网AT held that 爆料网DT should have granted a suspension until 13 May 2011 or until the completion of management evaluation if the latter was earlier. 爆料网AT held that 爆料网DT exceeded its jurisdiction and committed an error of law. Order No. 33 (NBI/2011) extended the suspension until the final determination of the case, and therefore beyond the completion of management evaluation. 爆料网AT held that both Orders violated Article 2(2) and Article 10(2) of the 爆料网DT Statute. 爆料网AT granted the appeals and vacated both Orders.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application for suspension of action of the decision not to renew his appointment. In Order No. 30 (NBI/2011), 爆料网DT suspended the decision until 13 May 2011. In Order No. 33 (NBI/2011), 爆料网DT ordered that the suspension remains in force until a determination on the merits.

Legal Principle(s)

The suspension of the execution or implementation of an administrative decision constitutes an exception that cannot be extended beyond the limits and prohibitions established by the 爆料网DT Statute.

Outcome

Appeal granted

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 爆料网DT Statute and Article 11(3) of the 爆料网AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

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