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Glossary of legal terms

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Glossaries

Term Definition
Decision on lack of jurisdiction (judicial review)

Decision of the administrative court which declines jurisdiction in favour of another national Court or vice versa.

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Decision on lack of competence, i.e. territorial jurisdiction (judicial review)

Decision of the administrative court which declares that other administrative court has territorial jurisdiction over the case.

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Decision on the merits

A ruling that determines the substantive claim, be it wholly or partly.

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Defendant

Person or the public body that is sued or has been brought before the Court.

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Disclosure (judicial review)

Procedure whereby, generally as a result of a court order, the parties are required to disclose all relevant and necessary documents in their possession relevant to the issues in the trial.

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Discretionary power (Administrative)

Margin of choice conferred by the legal norm to the public administration to act or not act in a given case, and to choose between different consequences, all legal, the most reasonable to best achieve the purpose provided by the law, balancing public interest with other interests involved.

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Duty of investigation

Duty of Public Administration to take into consideration all the relevant facts by gathering information and evaluating and weighing up the evidence.

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Duty to provide advice

Duty of Public Administration in its areas of competence to provide assistance and advice and to respond to questions and enquiries of citizens and companies.

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