UNDT/2018/119, Forteau
To be legally valid, a request for the withdrawal of an application must be formulated by the applicant and/or by his/her counsel and must consist of the unconditional expression of the applicant’s free will to close his case before a judgment is issued. As the Applicant withdrew the matter in finality, there is no longer a matter for adjudication and therefore the case is closed.
Contests the decision to deny claim for compensation under Appendix D to the Staff Rules on the ground that it was time-barred and refusal to refer medical issues to the Medical Service Division or Medical Board to determine receivability.
Each person has the fundamental human right to free access to justice, which includes the right to file an application in front of an impartial tribunal, and therefore also the right to withdraw that application. An application represents the materialization of an applicant’s right to appeal the contested decision. This is the first procedural act by which an applicant invests the Tribunal of dealing with the appeal. The whole procedural activity will take place within its limits and the application must be filed by the person who has the right to appeal the contested decision (ratione personae), within the applicable time limit (ratione temporis) and in front of the competent Tribunal (ratione loci). Res judicata is a reflection of the principle of legal certainty and does not prejudice the fundamental right to a fair trial since the access to justice is not absolute and can be subjected to limitations resulting from the application of the other principles. The principle of rule of law and the principle of legal certainty, expressed also by res judicata, require, inter alia, that an irrevocable decision given by the Tribunal not to be further questioned (non bis in idem). There must be an end to litigation” in order to ensure the stability of the judicial process.