Legal Standing Before (International) Administrative Tribunals and the Role of Staff Associations

The scope of this chapter is to discuss legal standing and the role staff associations play in the internal justice systems and work relationships of international organisations. Due to their privileges and immunities, international organisations enjoy special prerogatives before national authorities and, consequently, international civil servants cannot plead their grievances before national courts. In most European civil law systems, staff unions enjoy legal standing before labour courts and actively participate in discussions with employers on salaries, career progression, social benefits and other matters of collective importance. This negotiation procedure is usually known as “collective bargaining.” The reality in international organisations is totally different and, generally, there is no tradition of “collective bargaining.” For this reason, it is important to understand which role is left for staff unions and associations, and how they can contribute to a more balanced relationship between employers and employees.