Established in the framework of Article 59, paras 5, 6 and 7, of the Council of Europe Staff Regulations
Presentation prepared by the Advisory Committee on Disputes
When staff members of the Council of Europe file an administrative complaint with the Secretary General, they may request him or her to refer it for the preliminary opinion of the Advisory Committee on Disputes. The Secretary General may also do so at his/her own initiative.
Staff members of the Council of Europe Development Bank may do the same when they file an application with the Governor of the Bank. The Governor may also refer the administrative complaint to the Committee at his/her own initiative.
The task of the Advisory Committee on Disputes is to issue an entirely independent and reasoned opinion on the administrative complaints referred to it. This is not a court of first instance. Its opinions, which do not bind the Secretary General, may relate both to the lawfulness of the contested acts and to their expediency and it may propose settlements based on considerations of equity.
The Committee is made up of two members and two substitutes elected by the staff for two years and the same number of members and substitutes appointed by the Secretary General for the same term. It also includes a member appointed by the Governor of the Council of Europe Development Bank and a member elected by the Bank’s staff, both of whom sit when a case relating to the Bank is referred to it.
L'érosion de l'obligation, pour les Etats membres,
de garantir le droit d'accès au juge au sein des
organisations internationales ? Les décisions
Perez et Klausecker rendues par la CEDH.
Anne-Marie Thévenot-Werner, 2015