Theoretical and practical considerations on the legal standing of public institutions and authorities
Theoretical and practical considerations on the legal standing of public institutions and authorities

Summary/Abstract: As the law does not provide expressly, the administrative courts have in most cases decided that public institutions and authorities have a procedural capacity if they have the procedural capacity, which is also conferred on the administrative capacity. In public law, the presence of procedural quality is based on the capacity of administrative law or administrative capacity, irrespective of whether the institution or public authority has legal personality. Thus, an institution or public authority may have legal process even if it has no civil legal capacity. In essence, the capacity of public law prevails, a sufficient requirement for conferring procedural quality. We propose by the law that the law should provide for this explicitly, in order to avoid non-uniform practices.

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