Glossary of legal terms

Judicial decision of the Superior court to refer the case back to the previous judge at first instance where an appeal against that judge’s decision has been wholly or partially successful in case of mistrial.

Court official tasked with organising the court’s diary and drawing up the court’s orders and judgments.

Court hearing where the persons involved are not in the same room and participate via video-conference or on some on-line digital platform.

Declaration of the claimant to renounce to the claim, which has to be declared extinguished.

Power of administrative authority to repeal its (lawful) decision, which means that the legal consequences which have resulted from administrative act, are not nullified, however no further legal consequences may result from such act (ex nunc).

Extraordinary remedy enabling the reopening of the proceedings against final judgments delivered by administrative courts in serious cases established by the law such as, for example, if the judgment is the result of the fraud of one of the parties to damage the other; if the judgment was determined on the basis of evidence subsequently declared false; if new facts or essential evidence for the resolution of the case are discovered that were not available to the parties.

Official charged by the public authority with managing the administrative procedure.

Right granted to the parties to express their views (in writing or orally) to the public authority before a decision which would affect them adversely is taken.

Right of every person to express his or her reasons in the judicial procedure before any individual measure which would affect him or her adversely is taken.

Knowledge and experience that every citizen in society has and that can be used by the judge to arrive at a (judicial) presumption on the basis of certain facts that are pleaded before it. In that case, the opposing party does have the possibility of rebutting the presumption. In common law countries this is known as the doctrine of judicial notice.

Unfavorable administrative act provided by the law as a consequence of an offence different from civil or penal sanctions.

Government under the control and direction of the members of local communities rather than by an outside authority.

Service effected by keeping the document available for the people potentially interested on the premises or on the websites of the authority for a specified period.

A notice of the availability of the document shall be published in the Official Gazette and shall also be published on the official bulletin board of the authority or in a particular newspaper where it can be assumed the addressee will best receive the information.

Procedure by which a public administration gives appropriate notice of an administrative act to all the interested parties.

Services provided for economic consideration on a market, which would not be provided without public intervention or would be provided under different conditions in terms of physical and economic accessibility, continuity, non-discrimination, quality and safety.