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Glossary of legal terms

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Glossaries

Term Definition
Lack of competence in deciding

Ground of review of administrative acts concerning situations in which administrative authorities breached the rules establishing the distribution of functions and competences

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Lack of investigation

Ground of review of administrative acts concerning situations in which administrative authorities breached the rules related to the investigation to be carried out before the issuance of the decision.

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Leave to appeal

Permission to appeal granted by the court of first instance or a higher court to a claimant who wants its decision to be reviewed by a superior court.

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Leave to apply

Procedure whereby a party requiring the prior permission of the court to take a particular step (such as commencing particular types of court proceedings) applies to the court for that permission.

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Legal presumption (judicial review)

Proof of a fact, which is considered established, via proof of another fact and which results directly from the law and has the effect of reversing the burden of proof. The opposing party of the party benefiting from such a presumption must provide evidence to the contrary. It must prove that, despite there being a basis for a legal presumption (the fact provided evidence for), the presumed facts or legal situation do not exist.

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Legality (Internal) / (External)

Substantive conditions to be observed by an administrative decision in order to be legal / Competency, formal and procedural requirements to be observed by an administrative decision in order to be legal.

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Licence

Favorable administrative measure that allows to perform a particular act or activity after assessment of its correspondence to technical parameters and to public interests.

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Locus standi

Possibility of taking legal action against an administrative act, based on a identification of the (groups of) persons and the conditions they should meet in order to bring a claim before the court (including, e.g. direct and certain concern of the challenged act on the claimant’s situation and the concrete and current interest in the judgment of the court).

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Synonyms - Legal standing
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