Glossary of legal terms

Decisive criterion for the adoption of precautionary measures, consisting in the finding that the execution of the contested act may have an adverse effect on the interests or rights of the appellant, of such an entity or nature that, in the event that the judicial challenge is successful, the procedural result obtained will be useless to make satisfactory reparation for the injury caused.

In common law countries, similar criteria are used to determine whether to grant an interim or interlocutory (“holding”) injunction.

Right given to an attorney to act before courts as the representative of a litigant or defendant, or any other party to the case.

Judicial decision of a provisional nature adopted in the separate piece of precautionary measures, by which, after weighing the interests in conflict, the enforceability of the act or administrative provision challenged in the process is temporarily annulled, for the duration of the processing of the procedure and until a resolution that puts an end to it.

Specific precautionary measure that can be adopted when it comes to ensuring the effectiveness of a judgment issued in the exercise of a real action on assets and rights susceptible to registration.

Obligation for each authority to render assistance in any form to other authorities, when requested to do so.

Legal principle imposing the court to investigate the facts ex officio, without being limited to the evidence produced by the parties.

Documents produced by a private individual. As long as they are signed, they are full proof of the fact that the statements they contain were made by the person who signed them. Their accuracy is subject to the free assessment of evidence if contested.

Hearing before the court in which only interested parties' lawyers may participate and which are generally closed to the public and the press.

Ground of review usually articulated in three main phases: (1) suitability, (2) necessity, and (3) proportionality in the narrow sense. First, the suitability test requires that the adopted measure be suitable to achieve the stated objectives. Second, the necessity test aims at verifying that the measure was the least restrictive available alternative or that no less drastic means were available. Three, the proportionality test in the narrow sense requires adjudicators to ascertain that the benefit gained from realizing the objective exceeds the harm caused by the adopted measure.

Documents produced by a public authority; which are presumed to be authentic, i.e. it is assumed that they are indeed attributable to the issuer indicated. They also establish full proof of the truthfulness of the facts represented therein.

Judicial hearing open to the public and the media.

Open invitation to members of the public to submit (within a deadline) comments about a draft of a legally binding general administrative act with a sufficiently determined content to allow input from the interested public and with the aim of gathering suggestions on specific solutions that may lead to adjust the draft in view of the comments received.

Purchases by governments and state-owned enterprises of goods, services and works through public tenders.

Contract concerning the performance of a public administrative duty, relating to the field of public services.