UNDT/2016/214, Gorlick
The Tribunal found that, although the decision to appoint a new panel emanated indeed from the Administration, it did not amount to an appealable administrative decision because it was merely preparatory in nature. Consequently, the Tribunal did not have jurisdiction to review it. Discretionary and not discretionary decisions: The well-established definition of administrative decision does not even mention—let alone require—any given degree of discretion among the elements characterising it. Administrative decisions may be discretionary or not discretionary, and this does not affect their...