The Idea of Succession by Interest in the Annulment Lawsuit

Abstract

Succession by interest is one of the fundamental concepts in annulment lawsuits. It allows the lawsuit to continue when one of its parties changes, ensuring the continuity of judicial oversight over the legality of administrative decisions. This succession occurs when the legal interest in the challenge is transferred to the successor, whether due to death, loss of legal capacity, or a change in the plaintiff's legal status.
The conditions of succession by interest are divided into personal and substantive conditions. The individual conditions pertain to determining who has the right to replace the original party, such as a general successor (e.g., heirs) or a specific successor (e.g., a buyer of a disputed right in the lawsuit). As for the substantive conditions, they involve the existence of an actual and transferable legal interest that necessitates the continuation of the challenge, ensuring that the successor has a direct and legitimate interest in the annulment of the administrative decision.
The succession by interest aims to achieve several objectives, most notably safeguarding the right to litigation by ensuring that the lawsuit is not disrupted due to a change in one of its parties and reinforcing the principle of legality by enabling the judiciary to exercise its oversight over administrative decisions without being affected by the substitution of litigants. This ensures legal stability and protects individuals from administrative arbitrariness. Thus, succession by interest serves as a legal mechanism that balances the stability of judicial procedures with the individuals’ right to challenge unlawful administrative decisions, contributing to administrative justice in accordance with the requirements of the rule of law.