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DC Field | Value | Language |
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dc.contributor.author | Borg, Tonio | - |
dc.date.accessioned | 2022-05-24T13:33:03Z | - |
dc.date.available | 2022-05-24T13:33:03Z | - |
dc.date.issued | 2022 | - |
dc.identifier.citation | Borg, T. (2022). Juridical interest redefined?. Online Law Journal, 1-10. | en_GB |
dc.identifier.uri | https://www.lawometa.com/XX/Unknown/1417674215115094/G%C4%A7SL-Online-Law-Journal | - |
dc.identifier.uri | https://www.um.edu.mt/library/oar/handle/123456789/96327 | - |
dc.description.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. | en_GB |
dc.language.iso | en | en_GB |
dc.publisher | Għaqda Studenti tal-Liġi | en_GB |
dc.rights | info:eu-repo/semantics/restrictedAccess | en_GB |
dc.subject | Judicial review -- Malta -- Cases | en_GB |
dc.subject | Public law -- Malta | en_GB |
dc.subject | Constitutional law -- Malta -- Cases | en_GB |
dc.subject | Administrative law -- Malta | en_GB |
dc.subject | European Court of Human Rights -- Cases | en_GB |
dc.title | Juridical interest redefined? | en_GB |
dc.type | article | en_GB |
dc.rights.holder | The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. | en_GB |
dc.description.reviewed | peer-reviewed | en_GB |
dc.publication.title | Online Law Journal | en_GB |
Appears in Collections: | Scholarly Works - FacLawPub |
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Juridical_interest_redefined_2022.pdf Restricted Access | 544.06 kB | Adobe PDF | View/Open Request a copy |
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