Administrative Tribunal

Report on general principles as applied by international administrative tribunals

On what basis do international administrative tribunals apply general principles? How do they proceed to identify them? What legal weight do they assign to such principles in relation to the various sources of law applicable to the Organisation?

Answers to these questions, and to many others, are to be found in the report that the Registry of the Administrative Tribunal of the Council of Europe (ATCE) is pleased to share with the public. Prepared in collaboration with Anne-Marie Thévenot-Werner, Senior Lecturer at the University of Paris-Panthéon-Assas, who served as Rapporteur on the subject at the 60th anniversary of the ATCE in October 2025, this report represents the culmination of an initiative to which ten international administrative tribunals contributed, including the ATCE itself.

By analysing and comparing the responses submitted by those tribunals to the questionnaire prepared for that occasion, the report provides a thorough overview of the role played by general principles in the resolution of disputes between the international organisations concerned and their staff. It offers avenues for reflection that extend beyond the sphere of the international civil service and engage broader questions of general international law, in particular as regards the opposability of international human rights law to international organisations.

• Presentation of the report

The Administrative Tribunal of the Council of Europe (ATCE) is an international administrative court competent to hear complaints of the serving and former staff members of the Council of Europe against their employer. The jurisdiction of the Administrative Tribunal has also been recognised by other international organisations enjoying immunity. (Read more...)