Application for a stay of execution of the act complained of

 

 Relevant provisions

  • Staff regulations

- Article 59, paragraph 9
- Article 60, paragraph 4

  • Statute of the Tribunal

- Article 8

  • Rules of procedure of the Tribunal

- Rule 22

 Condition for applying for a stay of execution

  • An administrative complaint must have been filed against the act complained of

 Condition gor granting a stay of execution

  • A stay of execution may be granted if execution of the act complained of is likely to cause grave prejudice difficult to redress

 Procedure

  • File an application for a stay of execution with the Chair
  • With a copy to the Secretary General
  • Consequence: The Secretary General shall, save for duly justified reasons, stay the execution of the act until the Chair of the Administrative Tribunal has ruled on the application in accordance with the Tribunal’s Statute.
  • The Secretary General submits his/her comments within 5 days
  • The complainant submits his/her observations within 3 days

 Time-limits

  • The Chairman rules within 15 days of the application
  • The decision is communicated within 15 days

 Effect of the decision

  • The Chairman may reject or accept the application and if necessary stipulate conditions
  • Once granted, the stay of execution shall expire no later than the date on which the Administrative Tribunal delivers its judgment (earlier if the dispute ends before then).