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UNDT/2014/045

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UNDT/2014/045, Prisacariu

UNAT Held or UNDT Pronouncements

The UNDT found that the Applicant contested the decision not to renew his “tour of duty” with UNPOL, which was made by the Romanian Ministry of Internal Affairs. This was not an administrative decision made by the United Nations Administration, the Secretary-General or his duly delegated officers and, under art. 2.1 of the UNDT Statute, the application was not receivable. Further, the UNDT found that the applicant was not a staff member and therefore had no standing before the Tribunal. The application was dismissed.

Decision Contested or Judgment/Order Appealed

The Applicant, a Romanian National Police Officer temporarily engaged as a member of the United Nations Police Force (“UNPOL”) at the United Nations Integrated Mission in Timor-Leste (“UNMIT”), filed an application contesting the non-renewal of his assignment with UNPOL.

Legal Principle(s)

Status of UNPOL officers: Although their operational activities are controlled by the United Nations, it is clear that UNPOL officers are kept at arm’s length from the Organization, remaining part of their national police contingent, and supplied and equipped by their Member State (cf. El Moctar UNDT/2012/113).

Outcome
Dismissed as not receivable

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full judgment
Applicants/Appellants
Prisacariu
Entity
UNMIK
Case Number(s)
UNDT/NY/2014/23
Tribunal
UNDT
Registry
New York
Date of Judgement
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Jurisdiction / receivability (UNDT or first instance)
Personal (ratione personae)
Applicable Law
UNDT RoP
UNDT Statute
Related Judgments and Orders
UNDT/2010/145
UNDT/2011/168
UNDT/2011/216
UNDT/2012/038
UNDT/2012/113
UNDT/2012/182
2011-UNAT-139
2012-UNAT-249