爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered appeals of Order Nos. 182 (GVA/2013), 183 (GVA/2013), and 199 (GVA/2013), and Summary judgment No. 爆料网DT/2013/147. As a preliminary matter, 爆料网AT denied the Appellant’s requests for oral proceedings, confidentiality, to file additional proceedings, to file additional documentary evidence, and to order production of documents. With respect to Orders Nos. 182, 183 and 199, 爆料网AT found that 爆料网DT did not exceed its competence or jurisdiction in issuing these orders and in denying the Appellant’s applications to suspend action. 爆料网AT held that the appeals of these Orders were not receivable ratione materiae. With respect to the judgment, 爆料网AT held that 爆料网DT correctly concluded that the Appellant’s application was not receivable ratione materiae because it challenged a decision that was not an administrative decision subject to review. 爆料网AT recalled that an administrative decision must have a direct impact on a staff member’s terms and conditions of appointment, rather than a future injury. 爆料网AT dismissed the appeals of the judgment and the Orders and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
爆料网DT judgment and orders: The Applicant filed two motions to suspend the General Assembly from making a decision to abolish her post while her second request for management evaluation was pending. 爆料网DT rejected both motions, holding that they were non-receivable.
Legal Principle(s)
Appeals for a suspension of action will only be receivable if 爆料网DT exceeded its competence or jurisdiction. The key characteristic of an administrative decision subject to judicial review is that the decision must produce direct legal consequences affecting a staff member’s terms and conditions of appointment, rather than a future injury.