Amendments to the Statute of the Tribunal
Effective July 31, 2001, the Statute of the World Bank Administrative Tribunal was amended by the Board of Governors of the Bank. The Specific Articles affected by the amendments are: Article II, paragraph 2(ii); Article IV, paragraphs 1-4; Article XI, paragraph 2; and Article XII, paragraph 1. The amended Articles are reproduced below and replace the corresponding Articles in the Statute. The approved amendments will apply to all applications filed with the Tribunal after July 31, 2001.
(ii) the application is filed within one hundred and twenty days after the latest of the following:
1. The Tribunal shall be composed of seven members, all of whom shall be nationals of Member States of the Bank, but no two of whom shall be nationals of the same State. The members of the Tribunal shall be persons of high moral character and must possess the qualifications required for appointment to high judicial office or be jurisconsults of recognized competence in relevant fields such as employment relations, international civil service and international organization administration. Current and former staff of the Bank Group shall not be eligible to serve as members of the Tribunal and members may not be employed by the Bank Group following their service on the Tribunal.
2. The members of the Tribunal shall be appointed by the Executive Directors of the Bank from a list of candidates nominated by the President of the Bank after appropriate consultation. For this purpose, the President shall appoint an advisory committee composed of four members with relevant experience.
3. The members of the Tribunal shall be appointed for a term of five years; they may be reappointed for one additional term of five years. However, of the seven members appointed in 2001, the terms of three members shall expire at the end of three years. Any member who shall have served one or more full terms of office as of October 1, 2001 shall be eligible for reappointment for one additional term.
4. A member appointed to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term, and may be appointed and reappointed in accordance with the provisions of paragraphs 2 and 3 of this Article IV.
2. Each judgment shall state the reasons on which it is based. Dissenting and concurring opinions, as well as clarifications, may be set out in the judgment.
1. If the Tribunal finds that the application is well-founded, it shall order the rescission of the decision contested or the specific performance of the obligation invoked unless the Tribunal finds that the Respondent institution has reasonably determined that such rescission or specific performance would not be practicable or in the institution’s interest. In that event, the Tribunal shall, instead, order such institution to pay restitution in the amount that is reasonably necessary to compensate the applicant for the actual damages suffered.
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