The heterogeneous membership of international organizations—i.e. the existence of cultural, social and legal differences among member states—entails that, unlike what happens in the EU system, where the CJEU relies on an autonomous notion of ‘family’ in the interpretation of Staff Regulations and Staff Rules, international administrative tribunals generally base their decisions on the ‘renvoi’ to the lex patriae of the staff member. As a result, a gay or lesbian staff member may be entitled to spousal rights for his/her partner only if his/her home country allows same-sex marriage or a certain kind of recognized same-sex civil partnership granting social benefits equivalent to those accorded by marriage. Moreover, in interpreting the term ‘spouse’, both the UN Administrative Tribunal and ILO Administrative Tribunal rely on a dynamic, systematic and teleological interpretation of the law, rather than a static, formal-constructivist and originalist approach.

International Administrative Tribunals and Their Non-Originalist Jurisprudence on Same-Sex Couples: ‘Spouse’ and ‘Marriage’ in Context, Between Social Changes and the Doctrine of Renvoi / Gallo, Daniele. - (2014), pp. 511-531.

International Administrative Tribunals and Their Non-Originalist Jurisprudence on Same-Sex Couples: ‘Spouse’ and ‘Marriage’ in Context, Between Social Changes and the Doctrine of Renvoi

GALLO, DANIELE
2014

Abstract

The heterogeneous membership of international organizations—i.e. the existence of cultural, social and legal differences among member states—entails that, unlike what happens in the EU system, where the CJEU relies on an autonomous notion of ‘family’ in the interpretation of Staff Regulations and Staff Rules, international administrative tribunals generally base their decisions on the ‘renvoi’ to the lex patriae of the staff member. As a result, a gay or lesbian staff member may be entitled to spousal rights for his/her partner only if his/her home country allows same-sex marriage or a certain kind of recognized same-sex civil partnership granting social benefits equivalent to those accorded by marriage. Moreover, in interpreting the term ‘spouse’, both the UN Administrative Tribunal and ILO Administrative Tribunal rely on a dynamic, systematic and teleological interpretation of the law, rather than a static, formal-constructivist and originalist approach.
9783642354335
International Administrative Tribunals and Their Non-Originalist Jurisprudence on Same-Sex Couples: ‘Spouse’ and ‘Marriage’ in Context, Between Social Changes and the Doctrine of Renvoi / Gallo, Daniele. - (2014), pp. 511-531.
File in questo prodotto:
File Dimensione Formato  
25_Chapter 22.pdf

Solo gestori archivio

Tipologia: Versione dell'editore
Licenza: Tutti i diritti riservati
Dimensione 2.31 MB
Formato Adobe PDF
2.31 MB Adobe PDF   Visualizza/Apri
Pubblicazioni consigliate

Caricamento pubblicazioni consigliate

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11385/85111
Citazioni
  • Scopus 2
  • ???jsp.display-item.citation.isi??? ND
social impact