Actio popularis
Encyclopedia
An actio popularis was an action in Roman penal law
brought by a member of the public in the interest of public order.
The action exists in some modern legal systems. For example, in Spain, an actio popularis was accepted by Judge Garzón
in June 1996 which charged that certain Argentine military officers had committed crimes of genocide and terrorism. The actions were brought by the Free Union of Lawyers, Izquierda Unida
and the Madrid Argentine Association for Human Rights: private citizens and organisations who were not themselves the victims of the crimes in the action and who proceeded without the sanction of the public prosecuting authorities.
In public international law, proceedings as an actio popularis in the interest of the international order represented by the jus cogens may be brought before an international judicial body by a state that has no individual interest at stake in the action.
Roman litigation
The history of Roman Law can be divided into three systems of procedure: that of legis actiones, the formulary system, and cognitio extraordinarem. The periods in which these systems were in use overlapped one another and did not have definitive breaks, but it can be stated that the legis actio...
brought by a member of the public in the interest of public order.
The action exists in some modern legal systems. For example, in Spain, an actio popularis was accepted by Judge Garzón
Baltasar Garzón
Baltasar Garzón Real is a Spanish jurist who served on Spain's central criminal court, the Audiencia Nacional. He was the examining magistrate of the Juzgado Central de Instrucción No...
in June 1996 which charged that certain Argentine military officers had committed crimes of genocide and terrorism. The actions were brought by the Free Union of Lawyers, Izquierda Unida
United Left (Spain)
The United Left is a political coalition that was organized in 1986 bringing together several political organisations opposed to Spain joining NATO. It was formed by a number of groups of leftists, greens, left-wing socialists and republicans, but was dominated by the Communist Party of Spain...
and the Madrid Argentine Association for Human Rights: private citizens and organisations who were not themselves the victims of the crimes in the action and who proceeded without the sanction of the public prosecuting authorities.
In public international law, proceedings as an actio popularis in the interest of the international order represented by the jus cogens may be brought before an international judicial body by a state that has no individual interest at stake in the action.