خلاصة:
Abstract: Sports federations are considered non-governmental public institutions, and the statutes of sports federations must be approved by the Council of Ministers and confirmed by the Guardian Council; otherwise, according to the Guardian Council, they are invalid. Given the legal personality of sports federations, which are considered non-governmental public institutions, and also the allocation of budgets to sports federations, a legal basis has been created for supervision and follow-up by legal and regulatory bodies. According to the Law on the Organization and Proceedings of the Court of Administrative Justice, handling complaints against sports federations falls under the jurisdiction of the Court of Administrative Justice. Furthermore, sports federations are subject to governing laws and regulations, including the law prohibiting the employment of retirees. On 08/09/1399, the statutes of the Football Federation were approved by the General Assembly of the Football Federation. Article one of these statutes states: The Football Federation of the Islamic Republic of Iran is an independent, non-profit, non-governmental institution with legal personality, established in accordance with the regulations of the Islamic Republic of Iran for an unlimited period, and the statutes have been sent to the Council of Ministers. Considering the non-governmental and non-public nature of the Football Federation and noting that the aforementioned federation is a professional federation, the Council of Ministers did not consider the preparation and approval of the Football Federation's statutes to be within the government's jurisdiction and referred it back to the General Assembly of the Football Federation. In the same year, two complaints related to the Football Federation were filed in the Court of Administrative Justice, both of which resulted in a judgment issued by the General Board of the Court of Administrative Justice on 20/07/1400. In its decision, the Court of Administrative Justice refrained from entering into the issue of whether the Football Federation had followed the legal formalities for approving statutes and, conversely, issued its ruling declaring this statute valid based on Article one of the Football Federation's statutes.
ملخص الجهاز:
An example of an opinion in this regard was issued on 2020/08/16 by the Specialized Administrative and Public Affairs Board of the Court of Administrative Justice: Initial opinion details, Verdict Number: 9909970906010782, Case Number: 9803443 Complainant: Ministry of Sport and Youth Opinion of the Specialized Administrative and Public Affairs Board: First, according to the Single Article of the Law on the Prohibition of Employing Retirees approved on 2016/05/09 with the latest amendments dated 2018/08/28, from the date of notification of this law, the employment of individuals who have retired, been bought out, or will become retired or bought out in the implementation of relevant laws and regulations, in the executive bodies subject to Article 5 of the Civil Service Management Law approved on 2007/10/30 and all agencies that use the country's general public budget in any way, is prohibited; second, according to Article 15 of the Statutes of Amateur Sports Federations approved in 2002, for the purpose of performing the functions of federations in provinces, counties, and districts, boards named Provincial, County, and District Sports Boards are formed, and according to Article 1 of the Regulations of Provincial Sports Boards approved in 2004, a sports board is created based on the principles and foundations foreseen in the objectives of the federation and the Physical Education Organization, and this board is the representative and successor of the relevant sports federation in the province, which carries out and supervises related activities at the provincial level in coordination with the Provincial General Directorate of Physical Education and in full compliance with relevant laws and regulations.
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