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Courts and Comparative Law$
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Mads Andenas and Duncan Fairgrieve

Print publication date: 2015

Print ISBN-13: 9780198735335

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198735335.001.0001

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Comparative Law and the European Union Civil Service Tribunal

Comparative Law and the European Union Civil Service Tribunal

(p.187) 10 Comparative Law and the European Union Civil Service Tribunal
Courts and Comparative Law

Haris Tagaras

Oxford University Press

This chapter examines the comparative-law aspects of the Civil Service Tribunal (CST). It focuses on the requirement of the balanced composition of the Tribunal with respect ‘to the national legal systems represented’, and on the recourse by the Tribunal to comparative law (including comparative-law methods) when adjudicating cases. It begins with a discussion of the establishment and main powers of the CST, insisting on the rationale and ambit of the ‘representativity clauses’, and it goes on to examine in depth the recourse to national laws, either as a source of inspiration for the autonomous interpretation of staff law or as ‘lex causae’ (with or without a private international law reasoning).

Keywords:   Civil Service Tribunal (CST), comparative law, national legal systems, adjudication, autonomous interpretation, private international law

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