Glossary of legal terms

A hearing (which is often an urgent one) in which the court hears only one of the parties to the proceedings. In common law it is called: “ex parte hearing”.

An order made by the court in the absence of one of the parties. In common law it is called: “ex parte order”.

Procedural order granted by the court, ex officio or at the request of the parties, in order to guarantee the effectiveness of the judicial decision, often by preserving, preventing or ensuring the rights and interests are preserved.

Procedure whereby, generally as a result of a court order, one party or the judge him/herself is allowed to visit the premises or property of either the other party or a third party for the purposes of gathering evidence (such as photographs of the scene of an accident).

Category of administrative measures which, in principle, do not have external effects (e.g. administrative action which manage or direct the affairs of an administrative body and which allocates tasks to specific units; acts guiding civil servants in interpreting the terminology used in a statute for the purpose of applying it to a specific case etc.).

Procedure whereby, often pursuant to a court order, one party is required to answer specific questions in writing, under oath or not as the case may require, in advance of the trial.

A Party added to the proceedings, generally by reason of court order.

Order issued by the court, also on the request of one of the parties, when it considers it appropriate that the trial be directed against a third party, orders the intervention.

If the ruling has not been brought against one or some of the parties against whom judgment has to be pronounced, they can intervene.

Decision concerning matters pending before different authorities, which have to be jointly examined and decided concurrently by a shared measure.

Review of administrative action by Courts. The term can also be understood as referring to review of the constitutionality of legislation in those legal systems providing for this remedy.

Set of previous judicial decisions on a particular issue or topic of the Council of State (or SAC) which often serves to the Administrative Courts as an example when a new case is examined, but it is not obligatory for them (or for the Council of State, or SAC, itself) to follow. In common law countries, this often refers to earlier court judgments which should influence the result or outcome of the case (“doctrine of precedent”).

Ground of review of administrative acts concerning situations in which administrative authorities breached the rules establishing the distribution of functions and competences

Ground of review of administrative acts concerning situations in which administrative authorities breached the rules related to the investigation to be carried out before the issuance of the decision.

Permission to appeal granted by the court of first instance or a higher court to a claimant who wants its decision to be reviewed by a superior court.