Lack of Subject-Matter Jurisdiction as a Tool for Regulating Procedural Function" An Analytical and Applied Study

Abstract

The plea of lack of subject-matter jurisdiction is a legal means raised by one of the parties to a lawsuit, often the defendant, to challenge the jurisdiction of the court hearing the dispute based on the type of case—that is, whether the competent court is civil, criminal, administrative, or commercial—rather than on the location or value of the case. The court is obligated to verify its subject-matter jurisdiction on its own initiative, even if it is not raised by the parties, as the issue relates to public order. When the plea is proven, the court rules that it lacks jurisdiction and refers the case to the competent court, if possible.