Il ruolo e l'evoluzione delle giurisdizioni amministrative internazionali

The analysis of the Statutes, procedures and functions of the principal existing international administrative tribunals is aimed to propose a reconstruction of the comprehensive judicial protection granted to international officials in staff disputes with organizations in the context of contemporary international legal order, evaluating the adequacy of staff disputes resolutions systems to human rights’ standards and the effectiveness of the rule of law in the internal activity of international organizations. The work explores the reasons underlying the institution of administrative tribunals in international organizations from the dominant opinion of jurisdictional immunity and protection of independence of international organisations to the current trend, expressed in internal and international case-law, which recognizes judicial immunity of international organizations before national courts only in the case of the previous setting of judicial bodies with adequate procedural standards, also trying to explain the phenomenon of the so called proliferation of administrative tribunals. A detailed analysis is dedicated to the International Labour Organization Administrative Tribunal (ILOAT), court whose jurisdiction to solve staff disputes is recognized by the majority of existing international organization and which is still considered the exemplary international administrative jurisdiction. The exam is specially focused to his jurisdiction ratione personae and ratione materiae and to the possible submission of a request of advisory proceedings before the International Court of Justice, taking into account the relevant cases in the field. The model jurisdiction is then compared to the new two-tier staff disputes system established in the framework of United Nations (UN Dispute Tribunal and UN Appeals Tribunal) and examined in its first years of activity. Furthermore, the thesis illustrates the special features and the evolution of the staff disputes system of European Union, based since 2004 on the jurisdiction at first instance of the EU Civil Service Tribunal, also examining the possible three levels articulation of the system thanks to the review procedure of General Court decisions before the Court of Justice. The analysis and the comparison with the tradition of administrative tribunals reveal the actual position of staff disputes in the framework of the judicial architecture established by EU Treaties. Finally, also statutes and functions of the administrative tribunals of World Bank and International Monetary Fund have been examined. The exam of statutory rules and procedures of the tribunals analysed and their application in recent case law reveal critical issues still characterizing the functioning of administrative tribunals, above all the search for independence from both staff and organization, the procedure of choosing international administrative judges, the existence of a right of appeal against decisions of tribunals in a limited number of administrative tribunals, the problem of judicial protection of all subjects not officially included in the staff of international organization, all aspects considered in the context of accountability and respect of due process by contemporary international organizations.