Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
Ä¢¹½ÊÓƵAT held that the impugned Order ceased to have any legal effect when the respective management evaluation was issued. Ä¢¹½ÊÓƵAT held that the issuance of the management evaluation had rendered the Order under appeal moot. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant filed an application seeking suspension, pending management evaluation, of the selection decision for a post. On the same day, the Applicant filed a motion for production of evidence, seeking an extensive disclosure of records in relation to his claims. Ä¢¹½ÊÓƵDT issued Order No. 147 (NY/2016), suspending the selection decision pending management evaluation after finding that the cumulative tests of Article 2. 2 of the Ä¢¹½ÊÓƵDT Statute had been met. The Secretary-General appealed. On 30 August 2016, the Management Evaluation Unit (MEU) informed the Applicant that the contested decision had been rescinded. The Secretary-General filed a ¡°Motion for Consideration¡±, requesting Ä¢¹½ÊÓƵAT to consider and pronounce itself on the merits of the appeal even though the issuance of the management evaluation rendered the Order under appeal moot.
Legal Principle(s)
Ä¢¹½ÊÓƵAT has consistently held that in the United Nations system of administration of justice, the Ä¢¹½ÊÓƵAT was established to pass judgment on existing disputes, but not to give interpretations of the law where there are no disputes before it.