What is a specific case?
It is a complaint submitted to thePNCa potential breach or poor implementation of the guidelines on the part of a multinational corporation.PNCact of good offices, extrajudicially mediate between parties with the objective of to succeed in reaching a consensus.
Any institution or natural or legal person can come to the national contact point english in order to present his case, where it will appear:
- Their identity.
- The point or points of the guidelines they are considered to be violated or poorly implemented, with the facts justifying it and information to support the facts.
- The wish that thePNCundertake a process of “ good offices ” of the drive to achieve a consensual solution to the problem.
- The applicant's claim.
- If the applicant has had knowledge of concurrent proceedings, whether he has been part of the same as if i had.
- If the applicant has had contact with the party claimed.
- If the applicant is considered to be at risk of reprisals.
Procedure
Once submitted, the specific instance passed through a process of four phases according to the editing of 2023 guidelines:
- Phase 1 – coordination betweenPNCs. When a specific case affectingPNCsof several acceding countries,PNCenglish will be informed and will be coordinated in good faith with the rest of thePNCsinvolved.
- Phase 2 – acceptance or rejection of a case.PNCdetermine whether the issues merit further consideration.
- Phase 3 – processing of cases.PNCwill use his good offices to the parties to help them solve the problems posed. Following its role as a mechanism for non-judicial claim,PNCwill seek to facilitate dialogue between the parties and support them in the search for mutually acceptable solutions and compatible with the guidelines.
- Phase 4 – Completion of the case.PNCissued a Final report.
Once the specific instance, and where relevant,PNCwill monitor the implementation of recommendations or, if any, of the agreement reached by the parties.
The entire procedure is available in theProcedural guide for the resolution of specific cases [PDF] [637 KB].