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UNDT/GVA/2012/51

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Administration’s withdrawal of unlawful individual administrative decisions which created rights: According to the Appeals Tribunal’s case law, a decision creating rights cannot in principle be withdrawn by the Administration. However, staff rule 11.2 which governs the management evaluation process constitutes an exception to this principle. Thus, under this provision, the Administration is obliged to withdraw an administrative decision that is unlawful where such decision is challenged by a staff member. It is not appropriate to distinguish between the situation where the Administration finds...