惇蹋厙DT/2014/045

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

The 惇蹋厙DT found that the Applicant contested the decision not to renew his ※tour of duty§ with 惇蹋厙POL, which was made by the Romanian Ministry of Internal Affairs. This was not an administrative decision made by the United Nations Administration, the Secretary-General or his duly delegated officers and, under art. 2.1 of the 惇蹋厙DT Statute, the application was not receivable. Further, the 惇蹋厙DT found that the applicant was not a staff member and therefore had no standing before the Tribunal. The application was dismissed.

Decision Contested or Judgment/Order Appealed

The Applicant, a Romanian National Police Officer temporarily engaged as a member of the United Nations Police Force (※惇蹋厙POL§) at the United Nations Integrated Mission in Timor-Leste (※惇蹋厙MIT§), filed an application contesting the non-renewal of his assignment with 惇蹋厙POL.

Legal Principle(s)

Status of 惇蹋厙POL officers: Although their operational activities are controlled by the United Nations, it is clear that 惇蹋厙POL officers are kept at arm＊s length from the Organization, remaining part of their national police contingent, and supplied and equipped by their Member State (cf. El Moctar 惇蹋厙DT/2012/113).

Outcome

Dismissed as not receivable

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 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙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.

Applicants/Appellants

Prisacariu

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement