Glossary of legal terms

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.

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.

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.

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

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).

In common law, where a fresh trial is ordered by a higher court following some material procedural irregularity or serious errors in the admission or handling of the evidence.

Procedural step in the litigation whereby the court is asked to take a particular decision such as, for example, joining a party or dismissing the proceedings.

Services related to state prerogatives or power (police, justice, legal social security schemes) and those provided without economic considerations (compulsory education and so on).

Notification to addressees of the intended administrative decision and to any other persons who could be adversely affected by it of the rationale for the initiation of the procedure and of all information referred, inter alia, to the authority competent to adopt the final decision, the responsible official, the time-limit for the adoption of the decision.

Communication made in the manner prescribed by law by which the existence of the documents relating to the administrative trial is brought to the legal notice of an individual or entity.

Part of the judicial proceeding in which the parties can be present and are heard by the judges at their request.

Optional oral pre-proceeding set to examine points of disagreement.This procedure does not constitute an exception from the adversarial principle.

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.