CERN Legal Framework Le cadre juridique du CERN

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Presentation transcript:

CERN Legal Framework Le cadre juridique du CERN January 2006 Induction

Why this presentation? Specific status of CERN Specific legal status January 2006 Induction

International Organization Treaty Own constitution Association of States Own organs Legal personality January 2006 Induction

International Organization International Public Service International Civil Servant January 2006 Induction

Law of the International Public Service: 4 sources Staff Rules and Regulations Your Contract Practice Case Law / General principles of law Interpretation and control of these sources: ILOAT/TAOIT January 2006 Induction

CERN hierarchy of norms Convention Rules Regulations Administrative Circulars Operational Circulars January 2006 Induction

Rules / Regulations Define and codify legal relations CERN/MoP Adopted and amended by Council Apply and specify rules Adopted and amended by FC DG proposal Discussion SCC/CCP January 2006 Induction

Administrative Circulars Operational Circulars Specify the application of Staff Regulations Adopted and amended by the DG Do not arise from SRR Internal operations of the Organization Delegation DG (CFO and Head HR) Discussion SCC/CCP January 2006 Induction

Rights and obligations of Members of the Personnel Employee Rights and Obligations Civil servant International Civil Servant January 2006 Induction

Rights and Obligations Remuneration/Leave Tasks/Capacities Social Protection Civil liberties Privileges/ Immunities Rights Obligations Performance task Pay contributions Tact, reserve, discretion Independence/Loyalty January 2006 Induction

Rights and Obligations Acceptance of hierarchy Intellectual property Incompatibilities January 2006 Induction

Consequence Non respect of Rights: Obligations: Possibility to launch an appeal Obligations: Possibility to implement disciplinary action January 2006 Induction

Conclusion Specific Legal Framework CERN Rights Obligations January 2006 Induction