Glossary of legal terms

Factual situation connected to the lack of reaction of the administrative authorities to the claimants’ requests.

In some legal systems, the law regulating the procedure establishes that this lack of response within the deadline implies a tacit rejection, in such a case the interested parties can challenge judicially the tacit rejection of their application, without having to wait for the issuance of an express resolution.

Failure of the administration to comply with the obligation to provide specific services in favour of those who are holders of benefits provided by a law or by virtue of acts, contracts, or administrative agreements.

Ground of review of administrative acts concerning situations in which administrative authorities breached the principle of grounding in a clear and unequivocal fashion the reasoning followed by the public authority which adopted the decision.

Judgment that may no longer be appealed so that the parties are definitively bound by the decision.

The examination of the results of the evidence by the judge. In carrying out this assessment, judges are not bound, in principle, by any statutory rules regarding the evidence but must evaluate in accordance with their personal conviction whether or not the evidence is sufficient. There is no hierarchy applicable to means of proof.

Criterion used by the jurisprudence (or provided by law) to determine, in interim measures applications, if the claim appears well-founded or there is the likelihood of success of the case on the merits.