Chapter

Challenging Decisions of the European Schools Before National Courts

Kirsten Schmalenbach

in Challenging Acts of International Organizations Before National Courts

Published in print September 2010 | ISBN: 9780199595297
Published online January 2011 | e-ISBN: 9780191595752 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199595297.003.0008
Challenging Decisions of the European Schools Before National Courts

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In the assessment of challenges against decisions of the European Schools before national courts, this chapter presents evidence that national courts have reacted in different ways when asked to set aside decisions of international organizations that may have immediate legal effect on private parties. Because of the peculiar nature of school decisions, a particularly rich case-law developed in countries where European Schools are located. Subject matters in dispute were the levying of school fees, the denial of a pupil to be admitted to a higher class, and working conditions in the European Schools. Methods of review are both direct and indirect. An illustrative example of indirect review is the 2008 UK Fletcher case in which an unfair dismissal action was reviewed on the basis of domestic legislation alone, but acknowledged the difficulties that might arise within the international legal framework the European Schools operate in.

Keywords: European Schools; Fletcher case; Solange case; review; school fees

Chapter.  15095 words. 

Subjects: Constitutional and Administrative Law

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