The Group met in Frascati (Italy) on 5 and 6 June 2003 at ESRIN, one of the four major establishments of the European Space Agency to discuss this year’s Seminar theme “PRIVILEGES AND IMMUNITIES OF INTERNATIONAL ORGANISATIONS AND THEIR STAFF IN A CHANGING ENVIRONMENT”.
Taking into consideration that international organisations have broadened the scope of their activities and in recent years entered into joint ventures with other international organisations and institutional or private partners, the interface of institutional/international and national laws has raised questions and in certain cases led to conflict.
During our Seminar we looked at some of the sectors in which conflict frequently arises, notably including: family law issues; dispute resolution; employment issues; and tax related issues.
Our participants also enjoyed a welcome reception and dinner offered by IIAS. It was held at the Hotel Villa Vecchia in Frascati. Our last evening together, we visited nearby Castel Gondolfo.
The Group’s current project is to produce – by the end of this year - a book on conflict resolution and related issues.
Evolution of the relationship between international organisations (IO) and national/local authorities from absolute immunity/separation to cooperation
- Relation with public administrations
- Relation with national/local courts
- Relation with lawyers, bailiffs, public notaries
The management of staff of IO’s necessitates cooperation with national/local authorities in various fields:
- Attachment of salaries owed by the IO’s to (former) staff members
- Information requests addressed to the IO’s regarding their staff
Interference of national law and the institutional law of the IO regarding family law issues.
The Staff Rules and Regulations of IO’s generally do not contain rules regarding family law issues, such as consequences of divorce, recognition of unmarried couples in certain respects etc. The family status of a staff member is, however, a prior condition for certain rights, for example household allowances. As a consequence the granting of these allowances depends not only on the IO’s institutional law but also on national family laws.
- Evolution regarding the status of unmarried couples; some countries recognize a certain legal status for unmarried couples without putting them on the same (legal) level as traditional married couples (PACS);other countries (the Netherlands for example) allow the marriage of a homosexual couple.
- Conflict of institutional/national laws regarding allowances due to the principle of subsidiarity contained in both systems.