The Law Amending the Law on Structure and Code of Procedure of the Court of Administrative Justice
Nouraei & M. Mostafavi Law Offices –May 27, 2023-Tehran –The Law Amending the Law on Structure and Code of Procedure of the Court of Administrative Justice was published today in the Official Gazette. According to Article 2 of the Civil Code of Iran, this Law, approved in the Parliament’s meeting dated April 30, 2023, will be effective 15 days after its publication in the Official Gazette.
As stated by one hundred and seventy-third Article of the Constitution Law of Iran, “For the purpose to consider the complaints, grievances, and objections of the people concerning government officials, or organs, or statutes, a court will be established to be known as the Court of Administrative Justice under the supervision of the head of the Judiciary Power. The powers and mode of operation of this Court will be laid down by law”.
Some of the essential points of the Law Amending the Law on Structure and the Code of Procedure of the Court of Administrative Justice are as follows:
Note 2- Complaints and objections of natural and juridical persons, whether public or private, from the decrees and decisions of specified administrative authorities, subject to clause (2) of Article (10) of this Law, are considered and processed directly in the appeal branches. The ruling issued is regarded as final. Other complaints and objections are handled in primary branches…
Note 3- “Specified Administrative Authorities” are all the authorities and boards established outside the judicial authorities according to the laws and regulations and deal with disputes, violations, and complaints that fall under their jurisdiction, such as Commissions Considering Administrative Offenses, Commissions of Articles (99) and (100) of the Municipal Law approved on July 2, 1955, with subsequent amendments and additions, tax dispute resolution commissions, worker-employer dispute resolution commissions and commissions and boards that, under the laws and legal regulations, are entrusted with the responsibility of recognizing issues such as scientific, specialized, and security qualifications and job selection.
Note 1: Handling the damage claims is within the General Court’s jurisdiction. However, in cases where the claim for damages is due to the violation in the implementation of legal and specific duties or failure to perform the said duties by the government units or the institutions mentioned in clauses (1) and (2) of this Article as well the officers of the said units and institutions, the matter is brought up in the Court of Administrative Justice, and the branch of the Court, while examining the verification of the violation, takes action and issues an appropriate ruling on the damage claim and determines the damage caused.
Note 3- considering the complaints and objections of natural and juridical persons regarding the commission of violations and non-compliance with the laws and regulations in the stages of concluding the contracts by the executive bodies is within the jurisdiction of the branches of the Court of Administrative Justice. Still, the handling of claims arising from the execution of the contract between the parties is not within the jurisdiction of the Court.
Note 3- As from the date of effectiveness of this Law, the decisions and actions of the institutions and officials subject to clauses (1) and (3) of Article (10) of this Law can be sued in the Court of Administrative Justice within six months from the date of notification to persons residing inside the country and one year for persons living outside The country. If it is established that the beneficiary has legal or religious excuses, the duration of the excuse will be added to the deadlines mentioned in this note.
Note 2- NGOs, whose subject of activity, according to the relevant statutes, is in the field of protecting public rights, such as enjoining good and forbidding evil, environmental issues, natural resources, cultural heritage, public health, and protecting citizen’s rights, can complain, regarding the specialized matters related to their activities, about the illegality of decisions and actions or refusal to perform the duties of the authorities and institutions subject to Article (10) of this Law, which involves the violation of public rights, in the Court of appeals regarding the specialized issues related to their activities, and they have the right to appeal.
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