Filing of a request for a stay of execution
• Staff regulations
- Article 14.8 of the Staff Regulations of the Council of Europe or of the Development Bank, as the case may be.
• Statute of the Tribunal
- Article 12.
Condition for filing a request for a stay of execution
• Prior submission of an administrative complaint against the act complained of, except for acts which may be directly challenged before the Tribunal pursuant to Article 14.6 of the CoE Staff Regulations or Article 14.5 of the CEB Staff Regulations, as the case may be.
Conditions gor granting a stay of execution
• In cases of particular urgency; and
• Where the implementation of the challenged act would cause serious and irreparable damage to the applicant.
1. Filing a request for a stay of execution with the Chair of the Tribunal, at the registry;
2. Copy sent to the Secretary General of the CoE or the Governor of the CEB, as the case may be;
3. The Secretary General of the CoE or the Governor of the CEB shall, unless there are duly justified reasons, suspend the execution of the contested administrative decision until the Tribunal has ruled on the request;
4. The Secretary General of the CoE or the Governor of the CEB submits his comments within 5 days;
5. The applicant submits his observations within 3 days.
• The Chair decides on the request by way of reasoned decision, communicated to the person concerned within 15 days.
Scope of the decision
• The Chair may reject or accept the application and subject his decision to certain conditions.
• If granted, a stay of execution remains in force for the duration of proceedings before the Tribunal, unless the Chair decides to lift the stay, further to a reasoned request by the Secretary General of the CoE or the Governor of the CEB.
• Where the person concerned does not lodge an appeal with the Tribunal within the time limits set out in Article 7 of the Statute of the Tribunal, the stay of execution lapses automatically upon expiry of the time limit.