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Recommendation 2122 (2018)
Jurisdictional immunity of international organisations and the rights of their staff
1. Referring to its Resolution 2206 (2018) on
jurisdictional immunity of international organisations and the rights
of their staff, the Parliamentary Assembly calls on the Committee
of Ministers to:
1.1. encourage
the international organisations to which the member States of the
Council of Europe belong to look at whether “reasonable alternative
means of legal protection” are available in the event of disputes
between international organisations and members of their staff;
1.2. invite those international organisations to guarantee
transparency of their staff policies and to ensure that information
on employment disputes is available to their staff;
1.3. initiate reflection on:
1.3.1. ways to guarantee
that the Administrative Tribunal of the Council of Europe is also accessible
to trade unions;
1.3.2. whether the Administrative Tribunal of the Council of
Europe should be complemented by an appellate judicial body, either
within the Council of Europe itself or by pooling resources with
other international organisations in order to create a joint appeals
body for several administrative tribunals;
1.4. carry out a comparative study on the extent to which the
internal remedy systems in international organisations are compatible
with Article 6 of the European Convention on Human Rights (ETS No. 5) –
Right to a fair trial – and with other relevant human rights (including
social rights), and, where appropriate, make recommendations on
how these systems can be improved with a view to attaining a higher
level of protection of these rights.
2. The Assembly welcomes the work carried out by the Council
of Europe’s Committee of Legal Advisers on Public International
Law (CAHDI) on the jurisdictional immunity of international organisations
and encourages it to look into these issues in greater detail, in
particular in the context of disputes between international organisations
and their staff.