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Analysis of the Scope of Authority of Article 100 Commissions in Dealing with Parking Violations: A Study of the Verdicts of the Administrative Court of Justice
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Majid Shoa   , Hasaan Mohammadi * |
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Abstract: (6 Views) |
Parking-related violations, including failure to construct a parking space or its unusability, are among the most frequent cases brought before Article 100 Commissions of the Municipal Law. Despite the explicit provision in Note 5 of this article for the possibility of "imposing a fine," a fundamental question arises: Can the commission rule for "demolition"—the most severe enforcement measure—in response to such violations? This article, employing a descriptive-analytical method and by studying the verdicts of the Administrative Court of Justice and the advisory opinions of the Legal Department of the Judiciary, investigates this issue. The research findings indicate that, by relying on the general ruling of Note 1 of Article 100 and the principle of the commission's discretionary authority, issuing a demolition verdict in these cases, although not explicitly mentioned in Note 5, is permissible from a legal perspective. However, the exercise of this authority is contingent upon establishing the "necessity" arising from non-compliance with the three fundamental principles of urban planning and observing the principles of "proportionality" and "equality." In contrast, this research concludes that the commission lacks the authority to issue a direct verdict mandating the "modification" or "correction" of the parking space, and can ultimately only provide a deadline to facilitate the removal of the violation. Finally, a practical model is presented, according to which the choice between a fine and demolition should be based on an objective assessment of influential factors such as local context, density, and traffic load, rather than personal discretion.
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| Keywords: Article 100 Commission, Violation, Parking, Demolition, Proportionality |
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Type of Study: Research |
Subject:
Special
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