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I La compétence des juges de la procédure initiale en matière de contrôle de la mise en conformité

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Chapter Summary

The split configuration of implementation control of recommendations, both political and judicial, highlights the dual structure of monitoring mechanism. The organization of procedure assigned to panels and to the Appellate Body at this stage of litigation revealed that it carries characteristics that distinguish the initial procedure, although it is also largely aligned with it. The DSB ensures the multilateral surveillance of implementation of its recommendations. The effectiveness of exercise of its mission is strengthened by legal proceedings of background control of the compliance. The first tendency is that Mrs Ruiz Fabri called "everyday acceptance": most of the procedural aspects are traced on the authority in front of initial judgment organs. The developments clearly highlight that the background control, although it is intrinsically linked to initial phase, is a completely new procedure and requires different treatment. The original text of the chapter is in French.

Keywords: appellate body; compliance; dual structure; initial procedure; legal proceedings; monitoring mechanism

10.1163/9789004263116_003
/content/books/b9789004263116_003
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