Administrative Court of the Organization of American States

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The Administrative Tribunal of the Organization of American States ( English Administrative Tribunal of the Organization of American States , Spanish Tribunal Administrativo de la Organización de los Estados Americanos ) was founded in 1971 and is responsible for the legal employment needs of the staff of the Organization of American States (OAS) and the Inter -American Institute for Cooperation on Agriculture .

Jurisdiction and Legal Basis

The Administrative Court of the Organization of American States is responsible for the legal employment needs of the employees of the American organization States . In addition, through an agreement with the Permanent Council of the OAS, the jurisdiction of the court can be extended to the specialized agencies of the OAS and other intergovernmental organizations on the American continent. The Inter-American Institute for Cooperation on Agriculture has made use of this possibility in 1976 .

The legal basis of the OAS Administrative Court is the statute adopted on July 16, 1971 by a resolution of the permanent council of the OAS , which was supplemented by resolutions of the General Assembly in 1975, 1979, 1995, 1997 and 2012, and those adopted on October 24, 1975 Rules of procedure added in 2000, 2005, 2012 and 2014.

Organization and way of working

The Administrative Court of the Organization of American States has six judges elected by the OAS General Assembly for a term of six years. Each year one of the six judges' posts is elected; re-election for a further term is possible. The judges must be citizens of one of the OAS member states. No two judges serving in court at the same time may come from the same country.

Sessions of the court are held in chambers of three judges each and are held at the headquarters of the OAS General Secretariat in Washington, DC . In certain circumstances, the President of the Tribunal may decide that a case of particular importance or complexity be dealt with in a plenary session of all six judges. The decisions of the chambers are made with a simple majority and cannot be challenged.

In the event of a suspected overstepping of competences by the court, a party can turn to the permanent council of the OAS, which sets up an ad hoc review chamber. This includes a judge from the court who has not previously dealt with the case and two judges from other Washington, DC-based administrative courts of international organizations . These include the Administrative Court of the World Bank and the Administrative Court of the International Monetary Fund .

literature

  • David Joseph Padilla: Administrative Tribunal of the Organization of American States. In: Lawyer of the Americas. 14 (2) / 1982. University of Miami School of Law, pp. 259-296, ISSN  0023-9445
  • Statute and Rules of Procedure of the OAS Administrative Tribunal. Published by the OAS General Secretariat, Washington, DC 2014 (OEA / Ser.R / I.3 Rev.2)

Web links