Understanding Standing in Legal Proceedings
Standing in Legal Proceedings
Standing is a complex legal concept that often raises questions. It’s a prerequisite for a valid legal process, impacting its effectiveness. While capacity is a general requirement for individuals participating in legal proceedings, legitimacy links a specific person to a particular case. Legitimacy is the legal standard defining the material connection a party must have to the subject of the process. The object of the proceedings is a claim, which seeks to defend or protect an interest.
Legitimacy and Effective Protection
Legitimacy is a person’s material legal relationship to the right of protection within the process. This relationship authorizes them to obtain a ruling. The Spanish Constitution (Art. 24) defines effective protection concerning legitimate interests and rights. A person must be related to the rights and interests the sentence will protect. For example, a creditor can seek legal action to protect their credit right. If someone seeks protection for a friend’s right, that protection is ineffective. A person seeking protection of a right must be in a position permitting effective protection.
Legitimacy vs. Ownership
Legitimacy is not the same as ownership. A person is legitimate in a process not because they hold a right, but because they claim to be the holder. Legitimacy is a substantive, not procedural, issue. It’s examined as a primary issue in a decision. Lack of a procedural requirement results in a stay of proceedings, without addressing the requested guardianship. Substantive issues, like standing, are considered when examining the merits of the case. Lack of standing leads to a dismissal, not a procedural matter, resulting in res judicata.
Types of Legitimation in the LEC
The LEC recognizes several types of legitimation:
- Ordinary Standing: Generally, the legislature grants standing to the claimed holder of the right or interest in the process, and passive standing to the claimed holder of the obligation. This legitimacy is inferred and requires evidence at trial.
- Extraordinary Legitimation: The legislature grants legitimacy to individuals not directly involved in the legal relationship. Examples include substitution assumptions, where the law confers legitimacy to a claim exercised on behalf of another’s rights (e.g., a property owner claiming damages caused by another property owner). Another example is subleasing, where the landlord can pursue the subtenant. In some cases, legitimacy is granted without claiming ownership of the legal relationship due to a general interest (e.g., the prosecutor in civil status proceedings, or consumer associations).
Litis Consortium
Litis consortium defines the presence of multiple individuals united in a certain legal position. The legislature distinguishes between active, passive, and mixed litis consortium:
- Active: Multiple plaintiffs.
- Passive: Multiple defendants.
- Mixed: Multiple individuals in both plaintiff and defendant positions.
The LEC (Art. 12) regulates two types of litis consortium:
- Voluntary Litis Consortium: Multiple individuals can appear as plaintiffs or defendants when actions arise from a single title or cause. This is subject to requirements (Art. 72 LEC): actions must stem from the same title or cause, not be mutually exclusive, be processable by the same procedure, and fall under the jurisdiction of the same court. While actions are brought together, they remain autonomous and independent. A plaintiff’s actions don’t affect others. Civil rights are disposable; individuals can exercise them as they see fit.
- Necessary Litis Consortium: The law mandates joint action by all parties. Legitimacy is held jointly, not individually. In passive necessary litis consortium, the plaintiff must direct their action against all parties jointly. Otherwise, the procedural relationship is flawed, leading to dismissal. Unlike declarations of nullity, this affects everyone. In civil proceedings, actions typically affect only the individual taking them (e.g., resignation, withdrawal). Litis consortium differs because it involves a group, not individuals. Art. 13 LEC allows intervention at any time for resolutions affecting the subject.
Intervention
Art. 14 LEC regulates intervention. Forced intervention occurs when a participant is compelled to join the process, lacking a direct and legitimate interest. The intervener is summoned by a party. The plaintiff can request intervention at the time of the claim, while the defendant can do so during the response period. If urged by the plaintiff, the third party enters with full action powers. If urged by the defendant, the response period is suspended until the court decides on the intervention.
Procedural Succession
Arts. 16, 17, and 18 LEC regulate procedural succession, which occurs when the subjective identity of the parties changes due to death or succession of the litigated matter. Art. 16 addresses death. The successor can communicate the death and provide proof of death and title of succession. If the successor doesn’t appear within five days, the other party can request court notification. If the successor is unknown or doesn’t appear, the claim is considered withdrawn (plaintiff) or the process continues in default (defendant). Art. 17 addresses transfer of the litigated property. The purchaser can request to continue the process. The court suspends proceedings for 10 days to hear the other party. If there’s no objection, the purchaser replaces the transferor. If there’s an objection, the court decides on the succession. Even if the court allows succession, the transferor continues in the process, preserving legal relationships with the purchaser.