Juridical interest redefined?

Abstract

In this article, Tonio Borg comments on two recent judgments that accepted a wider notion of juridical interest in public law actions, and what this may mean for the future. Introduction: Two landmark judgments have been delivered by our courts which can change the legal landscape regarding the question of juridical interest or legal standing in public law actions. Our Courts have consistently held that in any action, whether related to civil or public law, the plaintiff has to prove juridical interest which, according to the strict civil law notion, means actual, direct, and personal interest. This traditional interpretation of juridical interest, as applying also to public law actions, has meant that certain actions of the public administration, or public officers, could not be scrutinised by the court, or challenged by individuals or non-governmental organisations, owing to the absence of any person or entity which had a direct, personal interest in an administrative act performed by a public entity. The worst losers, in this respect, were always the non-governmental organisations (NGOs), for rarely do these have a personal and actual interest in any decision taken by the Government, or any one of its ramifications which they try to challenge.