Glossary of legal terms

Specific powerof a Supreme Administrative Court to quash a judicial decision against which an appeal in cassation has been lodged, for matters of law and procedure.

Document issued by an administration with the function of recognition, reproduction and information to third parties of states, personal qualities and facts contained in public lists and registers or otherwise ascertained by holders of public functions.

In common law, the order by a Court to quash an administrative or judicial decision.

A third party may lodge an objection against a judgment even if final, when it affects their rights or legitimate interests.

Person who initiates a civil or administrative lawsuit.

In reference to precautionary measures, a guarantee provided by the appellant in whose favor a precautionary measure is granted, to respond to the opposing litigant for any damages that may arise from the application of the precautionary measure agreed, in the event that the resolution that finally terminates the process finds the cliam inadmissible or rejects it.

A contract for pecuniary interest by means of which one or more contracting authorities or contracting entities entrust the provision and the management of services or the execution of works to one or more economic operators, the consideration of which consists either solely in the right to exploit the services that are the subject of the contract or in that right together with payment (in EU law this matter is governed by the Directive 2014/23 of the European Parliament and of the Council).

Normal standard of credibility of the evidence to be established; conviction is met if there is no plausible reason to believe otherwise. If there is a real doubt, based upon reason and common sense after careful and impartial consideration of all the evidence, or lack of evidence, in a case, then the level of proof has not been met.

Professionals who are designated by a court to undertake a specific mission relating to a case submitted to the court. (inspector, technical expert, ad acta commissioner) They may be submitted to obligations similar to that of a judge, for instance impartiality.

Questioning of one party’s witness’s evidence by or on behalf of the opposing party. This is often a hostile form of questioning designed to highlight weakness or inconsistencies in that evidence.