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Investigação econômica sobre o sistema brasileiro de defesa da concorrência, 2000 a 2004; Economic investigation of the brazilian competition defense system, 2000 to 2004

Barbosa, Cleber
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Tese de Doutorado Formato: application/pdf
Publicado em 17/04/2006 Português
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35.79%
O presente trabalho teve como proposta a análise sobre a investigação econômica efetuada nos casos de atos de concentração empresarial, no período de 2000 a 2004, dentro do objetivo geral de avaliar o Sistema Brasileiro de Defesa da Concorrência. Procurou-se identificar aspectos que possam caracterizar o padrão e o modo com que são instruídos os processos sobre operações empresariais que são produzidos em razão da Lei 8.884/94. O referencial teórico para a análise foram os conceitos microeconômicos da teoria neoclássica e os da teoria industrial de potencial aplicação à defesa da concorrência. A justificativa para o presente estudo baseou-se no entendimento de que, por um lado, a importância da política de defesa da concorrência é crescente, tendo em vista a expansão freqüente e contínua dos mercados e empresas, o que impõe a necessidade de uma ordem econômica eficaz no papel de preservar a eficiência e o bem-estar econômico dos mercados; por outro lado, pela constatação de que a experiência antitruste brasileira é relativamente recente, pois ainda não se conhece, na prática, como, quais e em que níveis de limitação os conceitos e instrumentos econômicos disponíveis são aplicados no momento de análise dos casos de sua competência. O Guia para Análise Econômica de Atos de Concentração Horizontal...

Sustainability of Pension Systems in the New EU member States and Croatia : Coping with Aging Challenges and Fiscal Pressures

Kąsek, Leszek; Laursen, Thomas; Skrok, Emilia
Fonte: Washington, DC : World Bank Publicador: Washington, DC : World Bank
Português
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35.81%
This report concerns recent pension reforms in Europe. Over the last decade, pension reform has been a major issue on the political agenda across Europe. All European countries are profoundly affected by aging populations resulting from lower fertility and increased life expectancy. In order to make pension systems more sustainable in light of prospective demographic developments, and in some cases to address current financing problems, EU10+1countries have been reforming their pension systems since the mid-1990s. The reforms have combined measures to delay retirement, link benefits more closely to contributions, and diversify risk. Three major forces drive the ageing process: increasing life expectancy, low fertility rates, and finally the baby-boom generation reaching retirement age. All these factors, even in countries where the system is currently fiscally balanced, will produce a major financial challenge for pension systems over the coming decades when the number of pensioners will rapidly increase and the size of the working-age population diminish. This report conclude that some countries (in particular...

Intergovernmental Fiscal Relations in the New EU Member States : Consolidating Reforms

Dillinger, William
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Português
Relevância na Pesquisa
35.77%
Subnational governments are an important part of the public sector in the EU8 countries. They provide basic public services in both the social sectors (education, health, and social assistance) and in infrastructure (water supply, sewerage and transport). They account for about one-quarter of government spending. This paper includes the following headings: introduction; evaluation criteria; the system ex ante; political and organizational reforms; assignment of functions; revenues; debt controls; directions for further reform; and conclusions.

Administrative Capacity in the New EU Member States : The Limits of Innovation?

Verheijen, Tony
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Português
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36.21%
This study considers key aspects of administrative performance in three areas related to policy, people, and systems. First, in the field of policy, the study addresses issues of performance management, strategic planning and policy coordination and formulation. Second, as regards people, the study reviews human resource management practices such as recruitment and career management, incentive systems and politico-administrative relations with the aim of assessing the extent to which public administrations in the EU8 can attract and retain high quality staff in the context of rapidly changing labor markets. Finally, in relation to systems, the study looks into one specific aspect of public service delivery, namely the extent to which states have introduced e-Governance systems and used these effectively to enhance the business environment. A benchmarking exercise was conducted in each of the key aspects studied. A specific aim of the study was to identify examples of good practice within the region which might be replicable in other EU8 countries. This study reviews the direction of administrative development in the first two years of EU membership in the EU8 and includes a review of general trends in administrative development as well as a benchmarking exercise for a sample of states on selected criteria that illustrate capacity for public management innovations. The study will draw conclusions on ways to address the identified issues and problems in the development of the public management systems of the EU8...

Rules of Origin for Preferential Trading Arrangements : Implications for the ASEAN Free Trade Area of EU and U.S. Experience

Cadot, Olivier; de Melo, Jaime; Portugal-Pérez, Alberto
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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35.96%
With free trade areas (FTAs) under negotiation between Japan and the ASEAN Free Trade Area (AFTA) members and between the Republic of Korea and AFTA members, preferential market access will become more important in Asian regionalism. Protectionist pressures will likely increase through rules of origin, the natural outlet for these pressures. Based on the experience of the European Union and the United States with rules of origin, the authors argue that, should these FTAs follow in the footsteps of the EU and the U.S. and adopt similar rules of origin, trading partners in the region would incur unnecessary costs. Using EU trade under the Generalized System of Preferences with Africa, Caribbean, and Pacific partners, the authors estimate how the use of preferences would likely change if AFTA were to veer away from its current uniform rules of origin requiring a 40 percent local content rate. Depending on the sample used, a 10 percentage point reduction in the local value content requirement is estimated to increase the utilization rate of preferences by between 2.5 and 8.2 percentage points.

Bulgaria : Improving Quality and Sustainability of the Health System

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
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35.95%
Bulgaria has undertaken several significant health sector reforms during the past decade, but a large unfinished policy agenda remains. Compared to other EU countries, the share of out-of-pocket spending is significantly higher in Bulgaria, while government spending on health is relatively low. Various indicators of reported public satisfaction with the health system in Bulgaria are frequently the lowest in the EU. The hospital sector has seen rapid growth in recent years, putting the sustainability of the system in doubt and crowding out expenditures on more pressing priorities such as primary health care and the reimbursement of cost-effective drugs. Contrary to the imperative of improving health system efficiency, in recent years the Bulgarian hospital sector has grown in number of facilities, total number of hospitalizations, and the budget share dedicated to inpatient services. Each of these indicators is out of line with European standards. The primary health care system is well established but does not live up to its potential to provide efficient...

Croatia : Policy Options for Further Pension System Reform

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
Relevância na Pesquisa
35.83%
In response to prolonged recession, in April 2010 the Croatian Government adopted an Economic Recovery Program to safeguard macroeconomic stability and support faster recovery of the private sector. A central element of the program is comprehensive overhaul of the pension insurance system to ensure long-term fiscal and social sustainability as the population ages. The authorities have asked the World Bank to both support the reform desig

Never Too Late to Get Together Again : Turning the Czech and Slovak Customs Union into a Stepping Stone to EU Integration

Kaminski, Bartlomiej; Javorcik, Beata
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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35.88%
The Czech and Slovak Customs Union (CSCU), which came into effect in January 1993, differs from regular regional trading arrangements as its goal was to minimize the economic cost of a decline in economic ties between its members rather than to set in motion the mechanism of integration. The creation of the CSCU ensured a smooth and conflict-free break up of Czechoslovakia and resulted in divergence in regulatory regimes of the two republics. This study argues that the process of mutual adjustment triggered by the emergence of national borders is over and that integration within the CSCU, similar in depth and scope to that existing within the European Union (EU), would be a desirable policy objective. By deepening integration, both the Czech and Slovak Republics would be better prepared to handle challenges associated with the EU accession. Such a regulatory realignment would also lower border costs and behind-the-border barriers to trade and result in a more attractive investment environment in both countries.

Europäisches Verwalten aus der Bürgerperspektive gedacht - Eine Untersuchung der Internalisierung von Good Administration-Normen auf europäischer Ebene unter besonderer Berücksichtigung der Rolle der europäischen Ombudsman-Institution; European Administration from a Citizens’ Perspective - The Internalisation of Good Administration-Norms on EU-Level with special Attention to the Role of the European Ombudsman

Silbernagl, Carolin
Fonte: Universidade de Tubinga Publicador: Universidade de Tubinga
Tipo: Masterarbeit
Português
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36.28%
Seit Mitte der 1990er Jahre, im Zuge der weltweiten Diskussion um eine Ausrichtung bürokratischer Verfahren am Ideal des Public Service, lässt sich auch auf europäischer Ebene eine Tendenz verfolgen, die dem Bürger im Verwaltungsprozess eine gewichtigere Position einräumt. Die vorliegende Magisterarbeit untersucht in diesem Kontext die Rolle des Europäischen Bürgerbeauftragten (auch: Ombudsman, im folgenden EB) bei der Entwicklung von Good Administration-Normen auf EU-Ebene in den Jahren 1995 bis 2003. Die Institution des EB wurde mit dem Vertrag von Maastricht als Element der Unionsbürgerschaft institutionalisiert und während der ersten beiden Amtsperioden durch den Finnen Jacob Söderman verkörpert. Sie stellt eine außergerichtliche Beschwerdeinstanz für EU-Bürger dar, untersucht Streitfälle mit allen EU-Institutionen, die in direktem Kontakt zu den Bürgern stehen und vertritt so dessen Interessen im europäischen Verwaltungssystem. Mit weitreichenden Untersuchungskompetenzen ausgestattet, ist der EB in der Lage, wiederholt auftretenden Missständen nachzugehen und die Verwaltungsverfahren der EU in zentralen Punkten wie Transparenz, Gleichbehandlung und Rechtschaffenheit fortzuentwickeln. Somit wirkt er zweifach: Er schlichtet Konfliktfälle und entwickelt Normen für das Verwaltungssystem als Ganzes. Die Ombudsman-Institution hat schwedische Wurzeln und existiert heute in ca. 110 Staaten der Welt. Für die junge supranationale EU-Verwaltung stellte ihre Einrichtung eine Innovation dar...

State Discretion as a Paradox of EU Evolution

FOROWICZ, Magdalena
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
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45.99%
The notion of State discretion is a fundamental concept for the determination of powers and the effective functioning of regional and international legal systems. It is an inherently controversial notion in a system such as the European Union, as it implies that a freedom of decision and interpretation is left to Member States. State discretion disturbs and fosters diversity, thereby potentially threatening the coherent development and harmonisation of EU law and policies. Nonetheless, as part of an expanding EU, it becomes increasingly difficult to build consensus among States with varied legal, economic and political traditions. The increasingly pluralist nature of the EU membership and regime often requires patience and compromise. In this context, the notion of State discretion could play an important role in improving the efficiency of EU law and relations between EU Institutions and Member States. This Working Paper envisages State discretion as process which is defined in the ex ante legislative phase and the ex post judicial phase. As an alternative to the principle of subsidiarity, this paper proposes a different and more comprehensive framework for interpreting relations between Member States and EU Institutions. It is also part of a longer study focusing on several areas of EU Law.

Democratic Legitimacy though European Conflicts-law? The case of EU administrative governance of GMOs

WEIMER, Maria
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
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46.35%
This thesis aims at addressing the problem of a potential dis-embedding of the EU administration from democratic institutions. For that purpose it explores the potential of a novel approach to EU constitutionalism, namely of European conflicts-law to ensure the democratic legitimacy of EU administrative governance of GMOs. The term administrative governance is being used as referring to a system of administrative action, in which EU administrative actors implement EU law in cooperation with national administrations, as well as with scientific and private experts. In order to analyse the functioning of this system governance is employed as analytical framework. This thesis shows that the conflicts-law approach constitutes a valuable constitutional framework. It helps to identify and better understand the legitimacy problems of EU administrative governance in the field of GMOs. The existent legal rules in this area can to a certain extent be reconceived as embodying conflicts-law mechanisms and ideas. This is most visible in their aim to procedurally organise cooperation between various actors within horizontal network structures of decision-making. However, the implementation of GMO rules in practice has considerably undermined the functioning of conflicts-law mechanisms. The analysis reveals problematic shifts of authority...

In the aftermath of the crisis : the EU administrative system between impediments and momentum

CHITI, Edoardo
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
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96.39%
The European responses to the financial and public debt crisis have triggered a process of administrative reorganization and growth within two fundamental sectors of the EU, the internal market of financial services and the EMU. This paper argues that the process of reorganization and growth of the EU administrative machinery within the single financial market and the EMU is characterized by a number of inherent tensions. Four of them are prominent and refer, respectively, to the powers conferred to the satellite administrative bodies established in order to tackle the crisis, to the jurisdictions of the new administrations, to the degree of centralization which is sought within the new mechanisms for the implementation of EU laws and policies, to the accountability mechanisms. When assessed in the light of their capability to improve the EU administrative capacities, such tensions appear to be deeply ambivalent. On the one hand, they might operate as «fault lines» of the whole EU administrative machinery, destabilizing its functioning in two important fields of EU action. On the other hand, by pointing to a host of unsolved issues in EU administrative law, they provide an opportunity for opening a genuine institutional and scientific discussion on the ways in which the EU administrative system should be adjusted or reformed.

Rights of participation in European Administrative Law: A rights-based approach to participation in rulemaking

MENDES, Joana
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
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46.15%
Defense date: 16/03/2009; Examining board: Loïc Azoulai (University of Paris II), Paul Craig (St. John's College, Oxford), Bruno De Witte (EUI), Jacques Ziller (Supervisor, former EUI and University of Pavia); Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2010.; This dissertation critically assesses the current scope and meaning of participation rights in European administrative law and proposes a different normative solution to the problem of the procedural protection of rights and legally protected interests. The analysis of the Courts' case law on this matter demonstrates that their view on participation rights is determined by a bilateral conception of the procedure which involves the decision-maker and the decisiontaker and justifies the latter's right to be heard. All extensions of this right endorsed by the Courts' case law fall within the realm of this basic construction. Likewise, the exclusion of participation rights from rulemaking procedures is a consequence of this basic approach to participation rights. It is defended that the structural scheme within which the European Courts conceive participation rights prevails over the consideration of the substantive adverse effects that may be produced in the legal sphere of legal and natural persons. It is defended that this status quo is too restrictive and overlooks the procedural protection of rights and legally protected interests where this would be justified. An extension of the scope of participation rights is thus proposed. The solution defended is grounded on a concept of participation...

Benchmarking, safeguard clauses and verification mechanisms - what's in a name? Recent developments in pre- and post-accession conditionality and compliance with EU law

SPERNBAUER, Martina
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
Português
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35.94%
This article looks upon the most recent developments in the European Union's accession strategies, as from the start of accession negotiations. It first seeks to demonstrate that the pre-accession conditionality rationale of stabilising present and protecting future integration objectives underpins the so-called 'specific safeguard clauses' of the 2003 and 2005 Acts of Accession and the latter's cooperation and verification mechanism, accordingly referred to as post-accession conditionality tools. It then argues that this rationale, emphasised also in the imperative of maintaining the momentum of European integration of the Union's 'integration capacity', above all necessitates effective compliance with EU law, and thus full administrative and judicial capacity of (prospective) Member States. Indeed, the lynchpin of these new conditionality devices evokes putting them in the wider context of compliance mechanisms in the enlarged European Union. It thereby becomes apparent how conditionality has lead to a considerable empowerment of the European Commission which, when reaching into the post-accession phase, entails a problematic differentiation between the Member States. Conditionality methodology furthermore, and this is equally shown...

Bulgaria's Policy for Regulatory Reform in the European Union : Converging with Europe's Best Regulatory Environments

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Other Environmental Study; Economic & Sector Work
Português
Relevância na Pesquisa
36.1%
Bulgaria's entry into the EU Single Market raises new opportunities and new risks for the national economy. As shown in the rest of Europe, a program of regulatory reform offers an effective strategy for managing the risks of more intense competition while preparing Bulgarian companies to prosper within the largest economy in the world. Bulgaria has already made significant progress in regulatory reform, with an emphasis on developing regulatory impact analysis (RIA) in Bulgaria's public administration. To support these activities, the Council of Ministers agreed in August 2006 to the proposal of the Ministry of Economy and Energy to develop a national plan for better regulation. The goal is to progressively achieve a low-cost, low-risk regulatory system that both supports national competitiveness and effectively protects public interests. To achieve its potential, Bulgaria should converge, not with a minimum standard of regulatory reform, but with the best performers in Europe. This policy paper identifies nine tasks for setting up a modern regulatory system and meeting European obligations. These nine tasks are intended to improve the ability of the central government to promote regulatory reform...

Public Investment Management in the New EU Member States : Strengthening Planning and Implementation of Transport Infrastructure Investments

Laursen, Thomas; Myers, Bernard
Fonte: World Bank Publicador: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
Português
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36%
The primary purposes of this study were two-fold: i) to identify some of the key issues and challenges being faced by New Member States (NMS) in the management of their public investment programs; and ii) to identify good practice examples and persistent challenges faced by European Union (EU) member states that have had a longer history of development under democratic institutions of public management. By necessity this study is limited in the number of country cases and the depth at which various issues are addressed. Four NMS were selected - Poland, Slovenia, Latvia, and Slovakia based on agreed willingness to participate. The three 'old member states' were the UK, Ireland, and Spain (selected based on Bank interest and availability of expert consultants). In all of the countries, the focus was on central government policies and practices even though some execute projects through regional governments as well. The scope of the study was limited strictly to transport infrastructure (roads, bridges, and railways)...

Bulgaria - Ex-post impact assessment of the act on limiting administrative regulation and administration control on economic activity

World Bank
Fonte: World Bank Publicador: World Bank
Tipo: Economic & Sector Work :: Pre-2003 Economic or Sector Report
Português
Relevância na Pesquisa
36.11%
The ex-post impact assessment of the Limiting Administrative Regulation and Administrative Control on Economic Activity Act (LARACEAA) is part of the World Bank's support to the Government of Bulgaria through on-going analytical and advisory work in the area of regulatory reform. The purpose of the present ex-post impact assessment of the LARACEAA is to: (i) assess how the Act has been enforced, (ii) identify and estimate the impacts of the Act, and (iii) provide recommendations for amendments to the Act. Chapter one emphasizes the importance of the Act as part of the Bulgarian Government's role in advancing regulatory reform and improving the business environment; gives the scope of the assessment and presents the sources of information utilized; and delineates general limitations of the analysis. Chapter two outlines a policy framework by discussing coherence with the Governmental and European Union (EU) policies, as well as touching upon relevant documents on regulatory reform, followed by analysis of the goal and objectives of the Act...

Romania - Implementation of Regional Development and Integration with Other EU Operational Programs : Issues and Options for Maximizing Absorption and Impact of EU Funds

McLean, Keith; Sen, Aditi
Fonte: Banco Mundial Publicador: Banco Mundial
Tipo: Economic & Sector Work :: Policy Note; Economic & Sector Work
Português
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36.1%
This policy note summarizes the results of technical assistance offered in support of the Government of Romania (GOR) in its implementation of regional development programming for European Union (EU) accession. Three important questions confront Romania's policy makers: (i) how to operationalize regional and local development, given the context of EU structural funds; (ii) how to develop effective mechanisms for multi-level planning and resource allocation to filter resources (EU net transfers) to the regional and local levels where they will be most useful; and (iii) how to build on the successful experiences of the EU-15 and of projects supported by the World Bank and other donors that use bottom-up planning and implementation processes to develop effective local projects. This note looks at some answers to these questions as well as at the issues surrounding possible integration of the Regional Operations Programme (ROP) with other relevant EU operational programs, notably environment and rural development. Finally...

Latvia's Macroeconomic Options in the Medium Term: Fiscal and Monetary Challenges of EU Membership

Monga, Celestin
Fonte: World Bank, Washington, D.C. Publicador: World Bank, Washington, D.C.
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
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35.9%
Latvia's experience over the past decade shows that economic growth and real convergence can no longer be assumed to be exogenously driven processes determined by given technological improvements and relatively higher factor returns. Instead, it is an endogenously driven process led by many variables, including policy variables. European Union membership clearly brings enormous economic benefits to Latvia. However, it also brings important challenges on the macroeconomic front, especially prior to the adoption of the euro. Substantial progress has been made toward fiscal consolidation since the mid-1990s but several risks remain. Given the facts that domestic demand remains buoyant and that Latvia will have to accommodate the expenditure commitments associated with NATO and EU membership while simultaneously aiming to fulfill the medium-term goal of a balanced budget, a more prudent fiscal policy should be the main short-term policy objective. The authorities should therefore reassess their current medium-term budget framework and strengthen their fiscal rules so that off-budget spending is eliminated and controls over spending ministries and local government finances are reinforced. They should also rethink any further tax reductions until a clear strategy is designed for compensating for projected losses in government revenues. Monetary policy can contribute to sustainable growth and job creation in Latvia in the medium and long term by providing an environment for price stability. It will have to be complemented by further microeconomic reforms and prudent wage developments aligned with productivity growth.

IL RUOLO E L'EVOLUZIONE DELLE GIURISDIZIONI AMMINISTRATIVE INTERNAZIONALI

OLITA, LUIGI EUGENIO
Fonte: La Sapienza Universidade de Roma Publicador: La Sapienza Universidade de Roma
Tipo: Tese de Doutorado
Português
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26.2%
The analysis of the Statutes, procedures and functions of the principal existing international administrative tribunals is aimed to propose a reconstruction of the comprehensive judicial protection granted to international officials in staff disputes with organizations in the context of contemporary international legal order, evaluating the adequacy of staff disputes resolutions systems to human rights’ standards and the effectiveness of the rule of law in the internal activity of international organizations. The work explores the reasons underlying the institution of administrative tribunals in international organizations from the dominant opinion of jurisdictional immunity and protection of independence of international organisations to the current trend, expressed in internal and international case-law, which recognizes judicial immunity of international organizations before national courts only in the case of the previous setting of judicial bodies with adequate procedural standards, also trying to explain the phenomenon of the so called proliferation of administrative tribunals. A detailed analysis is dedicated to the International Labour Organization Administrative Tribunal (ILOAT), court whose jurisdiction to solve staff disputes is recognized by the majority of existing international organization and which is still considered the exemplary international administrative jurisdiction. The exam is specially focused to his jurisdiction ratione personae and ratione materiae and to the possible submission of a request of advisory proceedings before the International Court of Justice...