ENGLISH

Administrative Litigation
Deliberation on Requirements
Deliberation on Requirements
- A “deliberation on the requirements” is a deliberation on whether a lawsuit has been lawfully filed in compliance with the requirements for filing of lawsuits. If, as a result of the deliberation on the requirements, the suit is found to be unlawful on the basis that it does not meet the requirements for litigation, it is dismissed without prejudice.
※ When a lawsuit is filed in a court, the court first decides whether to accept the suit that has been filed. This is referred to as an “examination of the requirements”. At this moment, if there are grounds for disqualification in the filing of the lawsuit itself, for example, because the person who has filed the suit has incorrectly designated the defendant as the other party, or there is no practical benefit to the person who has filed the suit even if the suit were to be filed and won, or the suit has been filed in violation of the statutes prescribing the procedures regarding the filing of a lawsuit, then the suit will not be accepted. This is referred to as “dismissal without prejudice”.
- Matters on the requirements subject to deliberation include the subject matter of administrative litigation, the parties’ standing, period for filing lawsuit, and proceedings at the previous instance. These are, as the prerequisite for a judgment on the merits of the case, matters to be investigated ex officio.
- The requirements for filing lawsuits shall be satisfied until the closing of pleadings on the fact-finding proceedings.
- If, as an unlawful suit which has a defect in relation to the requirements for filing lawsuits, such a defect is capable of rectification, then the court may order its rectification ex officio. However, if the defect is not capable of rectification, then the court may dismiss without prejudice the suit by its judgment without holding any pleadings (Article 8 (2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act).