Given the Agency’s immunity from jurisdiction, the Agency, under Article XXVII of Annex I to its Convention, provides for the settlement of disputes arising between the Agency and staff members or experts in respect of their conditions of service. This obligation to provide for a dispute settlement mechanism has been complied with by the establishment of the Appeals Board. According to article 33.1 of the Staff Regulations, the Appeals Board is competent to hear disputes relating to any explicit or implicit decision taken by the Agency and arising between it and a staff member, a former staff member or persons entitled under him. It shall rescind any decision against which there has been an appeal if the decision is contrary to the Staff Regulations; Rules or Instructions or to the claimant’s terms of appointment or vested rights; and if the claimant’s personal interests are affected.
Since its inception, the Appeals Board has rendered decisions in several cases covering a very large span of aspects related to the service conditions of the Agency’s officials. They are published here in the right navigation bar.
The Appeals Board consists of eminent jurists of different nationalities appointed, on basis of the ESA Member States’ proposals, by the ESA Council. The members of the Appeals Board are neither member of the staff of the Agency nor of a delegation of a ESA Member State. They are independent and shall not seek or accept instructions from anyone whatsoever.
On the right navigation bar links to the following documents are provided:
- Rules of procedure of the Appeals Board
- Law Case decisions of the Appeals Board