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Monograph Series · Third series › Part VI Judicial remedies against public power › III-39 · First edition

Revocation, Nullity, Omission, and Party Litigation: The Route That Fits the Demand

What kind of suit is needed to restore a public-law right in the way one wants?

Part
Part VI Judicial remedies against public power
Sections
6 sections
Length
about 27,900 words · 2 h 1 min
As of
2026-10-15
Volume contents
  1. Abstract
  2. Synthetic case
  3. 01The Object to Be Removed by Revocation
  4. 02Suits Asking Whether an Effect Exists
  5. 03Confirmation of a Disposition Not Made
  6. 04The Parties to Public-Law Relationships
  7. 05A Map of Mutatis Mutandis Application
  8. 06Matching Demand and Relief

Abstract

This volume asks what kind of suit is needed to restore a public-law right in the way one wants. Removing a disposition, confirming its effect, confirming the illegality of silence, and obtaining public-law performance each require a different dispositive part. Changing the route means that the object, standing to sue, and the provisions applied mutatis mutandis must also be read anew. The path to relief opens where the disposition to be removed, the effect to be confirmed, the omission, or the public-law performance is matched to the corresponding type of suit and its effects, and closes where a confirmation of the illegality of an omission alone is used in an attempt to obtain directly the permit or payment of performance as applied for, so that the effects of the chosen type do not reach the demand. The six sections address, in turn, the object to be removed by revocation, suits asking whether an effect exists, confirmation of a disposition not made, the parties to public-law relationships, a map of mutatis mutandis application, and the matching of demand and relief. The strongest counterargument is as follows. Relief for the same harm may be barred on the ground that the claimant chose the wrong procedure. The effect of administrative rules, case design, and audits of the illegality of authority are not addressed in this volume.

Synthetic case

The whole volume follows this invented case. It is not a real matter, and its facts are not legal findings.

Applicant A demands performance from Agency B but has not distinguished whether a dispositive part revoking a disposition or one ordering direct payment is needed.

6 sections and their questions

  1. 01The Object to Be Removed by Revocation

    What does one seek to remove from a disposition alleged to be illegal?

    19 min
  2. 02Suits Asking Whether an Effect Exists

    If it is too late to seek revocation, is it enough simply to relabel the claim as one of nullity?

    20 min
  3. 03Confirmation of a Disposition Not Made

    Does a confirmation of the illegality of an omission directly grant the desired permit?

    23 min
  4. 04The Parties to Public-Law Relationships

    When disputing with an administrative agency, must one always seek revocation of a disposition?

    20 min
  5. 05A Map of Mutatis Mutandis Application

    Do all the rules for actions for revocation apply to the other types of suit?

    22 min
  6. 06Matching Demand and Relief

    Does the mere fact of having chosen a name for the suit make it effective?

    18 min
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