Glossary of legal terms

Opinion rendered by an administrative authority other than the proceeding one. Depending on the legal context the opinion may be either mandatory (binding) or optional (non-binding).

Set of faculties, powers and attributions assigned by the law to a particular organ of the administration in relation to the others.

Non-judicial remedy to be filed with same authority which has carried out the challenged measure (objection proceeding) or to be filed with an administrative authority that is hierarchically superior to the one that issued the act or has powers to oversee the respective activities.

It may concern the unlawful conduct of a public authority or another entity performing a public administrative duty, or the failure to fulfil an obligation.

It may represent a prerequisite for filing a judicial remedy or an optional step.

Preparatory phase of administrative procedure aimed at ascertaining all the relevant facts of the matter by means of, inter alia, gathering information, carrying out inspections, obtaining documents and any other relevant factors, etc…

A matter dealt with by an authority, exercising public power.

An administrative procedure which, in a manner similar to that before a court, grants to each party adversely affected by the intended decision the right to be heard and submit all the relevant evidence and allegations to be considered by the public authority before issuing the decision.

In common law, a sworn (or affirmed) document setting out the principal evidence to be adduced by one of the parties.

“A friend of the court”, typically where a specialist body with expertise in a particular area is appointed by the court to assist in the presentation of the case, generally in a formally neutral or dispassionate manner.

Application to a superior court, which seeks to revise or vary a first-instance judgment.

A right to appeal to a higher court, often as of right, but sometimes the permission (“leave”) of the court is required. The appeal is often confined to serious errors of law or demonstrating errors in the assessment by the trial court of the evidence.

In common law, an appeal, which requires the case to be re-heard afresh by the higher court.

Appeal against a decision of an Administrative Court (usually of the court of appeal) which enables the Council of State, or the Supreme Administrative Court to examine errors of law and procedure. In common law countries this is known as an appeal on a point of law.

Favourable administrative measure giving enforceability to an act after assessment of its correspondence to public interests.

Ground of review of administrative acts concerning situations in which decision-making is not guided by objectivity and a reasonable application of law.

Favorable administrative measure that removes a restriction on exercising an economic or other activity after a control of requirements and/or assessment of public interests.

Any procedure under which a provider or recipient is in effect required to take steps in order to obtain from a competent authority a formal decision, or an implied decision, concerning access to  an economic or other activity. The concept covers, inter alia, the administrative procedures for granting authorizations, licences, approvals, and also the obligation, in order to be eligible to exercise the activity, to be registered as a member of a profession or entered in a register, roll or database, to be officially appointed to a body or to obtain a card attesting to the membership of a particular profession.