NATO regulations provide that all staff members of any NATO body must have a security clearance and that NATO is obliged to terminate an employee’s or staff members appointment when the country of which the staff member is a national, withdraws or does not renew the mandatory security clearance.
The NATO Appeals Board decided in its judgment of 9 January 2014 that the posterior restoration of the security clearance by the national authority has no bearing on the legality of the decision to terminate the appointment. The Appeals Board is of the opinion that the legality of the decision to terminate the appointment may only be evaluated as of the day it took effect, unless otherwise agreed upon between the parties.
Therefore the only remedy available in case of wrongful withdrawal of a security clearance seems to be an application for reintegration in NATO. If such application would be refused, an appeal with the NATO Administrative Tribunal seems available.
Coautor: Tom Van Achter