What do we need to know about the capacity, legitimacy

Dołączył: 10 Mar 2024 Posty: 1

Having analyzed in another entry on this blog, the competency and jurisdictional examination in administrative litigation, we must delve into the parts of the administrative litigation process. To do this, we must analyze the three conditions that must be met by the parties: (i) procedural capacity ; ( ii ) legitimation ; and (iii) the application , or in other words, when is the use of a lawyer and attorney necessary in administrative litigation? . II. Who has the capacity to file a contentious administrative appeal? Procedural capacity or legitimatio ad processum is, according to the Pan-Hispanic Dictionary of Legal Spanish, " the capacity to be a party to the process ", that is, the ability to validly appear in court, and is equivalent to the capacity to act.

In the jurisdictional order of contentious-administrative matters, this capacity is possessed, in accordance with article of Law /, of July , regulating the Contentious-Administrative Jurisdiction (hereinafter, “LJCA”), those who possess, in accordance with the Civil Procedure Law, minors and entities suitable to be holders of rights and obligations in certain specific Canada Mobile Number List cases. In relation to the first of the cases, the Civil Procedure Law in its article and following, establishes that they have sufficient procedural capacity to be a party to the process: «º Natural persons; º The unborn conceived, for all the effects that are favorable to it; º Legal entities; º Asset masses or separate assets that temporarily lack an owner or whose owner has been deprived of their powers of disposal and administration; º Entities without legal personality to which the law recognizes the capacity to be a party; º The Public Prosecutor's Office, regarding the processes in which, in accordance with the law, it must intervene as a party; º Groups of consumers or users affected by a harmful event; º Entities authorized in accordance with European Community regulations to exercise injunction action in defense of collective interests and the diffuse interests of consumers and users . Once we have analyzed who is fully recognized for this procedural aptitude , we must mention the two specific cases contemplated by the LJCA.

In relation to the procedural capacity that is recognized for minors in the LJCA, as we have indicated, it is limited only or specifically linked to the defense of their interests in which the law does not require the assistance of the person exercising their homeland. power, guardianship or curatorship. In the second case, the capacity to appear in court is recognized for groups of affected parties, unions without legal personality, independent assets and all those entities that are suitable to be holders of rights and obligations, when the law so allows. . That is why, lastly, by way of example, we must point out those who do not have the capacity to be part of the process or at least not on their own. We find ourselves with communities of property, irregular companies, companies in formation, non-emancipated minors except in cases where the law expressly allows it, and the incapable. III. Legitimation or legitimate interest of the parties Unlike what happens with procedural capacity, legitimation or “ legitimatio ad causam ”, is defined by the RAE Legal Dictionary as the procedural capacity to be able to act as an active or passive party in a process, determined by the relationship in which the person with the disputed object is found.

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