give a decision on the action by reasoned order

decision by reasoned order | reply by reasoned order | simplified procedure

to give a decision in the form of an order

Under Article 81 of the Rules of Procedure of the Civil Service Tribunal, where an action is, in whole or in part, manifestly inadmissible or manifestly lacking any foundation in law, the Tribunal may give a ruling by reasoned order without taking further steps in the proceedings.

In 1996, the final report of the House of Commons Aboriginal Peoples Committee recommended the establishment, by statute, of an independent Aboriginal lands and treaties tribunal which, in the area of specific claims, would review federal funding to claimants, monitor negotiations, issue binding orders and adjudicate claims referred by claimants, providing remedies where appropriate.

If the Court declares that the action has become devoid of purpose and that there is no longer any need to adjudicate on it, the Court may at any time of its own motion, on a proposal from the Judge-Rapporteur and after hearing the parties and the Advocate General, decide to rule by reasoned order.

In order to maintain the Court’s capacity, in the face of an ever-increasing caseload, to dispose within a reasonable period of time of the cases brought before it, it is also necessary to continue the efforts made to reduce the duration of proceedings before the Court, in particular by extending the opportunities for the Court to rule by reasoned order, simplifying the rules relating to the intervention of the States and institutions referred to in the first and third paragraphs of Article 40 of the Statute and providing for the Court to be able to rule without a hearing if it considers that it has sufficient information on the basis of ...[+++] all the written observations lodged in a case.