Administrative Court of the International Monetary Fund

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The Administrative Court of the International Monetary Fund ( English International Monetary Fund Administrative Tribunal , IMFAT ) is an international court with jurisdiction over the legal employment needs of the approximately 2,500 employees of the International Monetary Fund (IMF). It was created on January 13, 1994 and has retroactive jurisdiction until October 15, 1992. The seat of the court is Washington, DC , the headquarters of the IMF.

Jurisdiction and Legal Basis

The Administrative Court of the International Monetary Fund is responsible for rulings on applications by IMF employees which contain the legality of an administrative ruling that affects an employee adversely. This includes decisions that affect the IMF's regulations on pension schemes for its employees. The legal basis of the court is the statute adopted by the Board of Governors of the IMF and entered into force on October 15, 1992 in the version of 2009, the procedural rules adopted by the court and in force since February 18, 1994 in the version of 2004 and the version of June 6 , 1994 . Code of Judicial Conduct adopted by the court on March 25, 2012 and amended on April 17, 2012 .

Organization and way of working

The Administrative Court of the International Monetary Fund consists of five judges from the member states of the IMF. The judges are appointed by the managing director of the IMF, in the case of the court president additionally with the approval of the IMF executive board, for a term of four years. A reappointment is possible twice. Judges may not have any other employment with the IMF prior to their appointment, during their tenure or after the end of their term of office.

The court will only accept applications for decision if the applicant has previously exhausted all internal opposition and clarification options. Cases are decided by panels of three judges each, the composition of which is determined by the President of the court, who usually also belongs to the panel. If the President is unable to attend the hearings on a case due to bias or other circumstances, the most senior judge or, if the seniority is the same, the oldest judge on the panel performs the tasks of the President. Resolutions are passed with a simple majority. All decisions of the court are final, with the exception of the possibility of revision within one year of the decision in the event of new facts relevant to the decision. The working language of the court is English .

The current president of the court is the South African lawyer Catherine O'Regan . Other judges are Andrés Rigo Sureda from Spain , Jan Paulsson from Sweden , Edith Brown Weiss from the USA and Francisco Orrego Vicuña from Chile .

literature

  • Philine R. Lachman: The Administrative Tribunal: An Overview. Issued by the International Monetary Fund, Washington, DC 1995
  • Administrative Tribunal of the International Monetary Fund: Statute of the Administrative Tribunal. Commentary on the Statute. Resolutions of the Board of Governors. Issued by the International Monetary Fund, Washington, DC 2009, ISBN 978-1-58906-854-4

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