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Pathology of the plan to amend articles of the Law on Organizations and Procedures of the Court of Administrative Justice, with an emphasis on structural changes, jurisdiction and criteria of fair proceedings
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Zahra Daneshnari *   , Nikzad Moradi |
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Abstract: (1199 Views) |
The Court of Administrative Justice is one of the prominent points raised in the Constitution of the Islamic Republic of Iran as a reference for safeguarding public rights against the encroachments of government agencies, which the constitutional legislator has addressed in Article 173 of the Constitution. In the normal laws since 1360 until now, the structure and organization of the Administrative Court of Justice has faced changes. The most recent ordinary law in this field is the "Law on Organizations and Procedures of the Court of Administrative Justice" approved in 2012, in which the legislator has foreseen changes and innovations. Now, after six years have passed since the approval of the new law in the 10th parliament, the general aspects of the plan to amend the Law on Organizations and the Procedures of the Court of Administrative Justice have been discussed and many issues have been raised in legal-judicial circles. In this research, we seek to examine and analyze the changes made in the project in question with a critical approach. Since the generality of the proposed legal plan has not been approved article by article by the Islamic Council, it is hoped that the upcoming article will express the criticisms of the plan, on the richness of the possible new law of the Court of Administrative Justice, which is better in the form of a bill. be judicial to increase the legal plan from the representatives. The positive points of the proposed plan include the provision of public law prosecutors, attention to the role of prosecutors in administrative proceedings, the use of judges who have graduated from the field of public law, the definition of specific administrative authorities, and the use of the capacity of the article. 63 mentioned about full claims. Among other critical points in the proposed plan, we can point out the one-stage processing of the votes issued by the special administrative authorities in the Court, the limitation of the jurisdiction of the General Board of the Court of Administrative Justice, and the determination of the deadline for filing lawsuits for the Court's claims. The results of this research show that compared to other previous laws of the court, the proposed plan is accompanied by many changes, although it can qualify for a more worthy status. The research method in this article is descriptive-analytical and the library method was used to collect information.
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| Keywords: Court of Administrative Justice, Organization Law and Procedures of the Court of Administrative Justice, Draft Amendment Law of Organizations and Procedures of the Court of Administrative Justice, Article 173 of the Constitution. |
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Type of Study: Research |
Subject:
Special
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