The Denial of Oral Hearings by International Administrative Tribunals as a Factor for Lifting Organizational Immunity before European Courts

Abstract

Although formally provided for in particular statutes, certain international administrative tribunals continue to hold oral hearings—if at all—only on the rarest of occasions. With specific attention to the International Labour Organization Administrative Tribunal, the present paper aims 1) at recapitulating essential holdings of the European Court of Human Rights with regard to the right to access to a court in the context of employment-related claims against international organizations; and 2) at examining the relevance of oral hearings in the determination of proportionality of organizational immunity. The analysis shows that, in principle, the denial of oral hearings by international administrative tribunals results in the duty of states to afford individuals access to a court. In the realm of international law, a conflict with the obligation to grant immunity ensues. As yet, domestic courts have remained reluctant to overrule immunity on human rights grounds.