Abstract:
There are concerns about the need for a specialized legal system to handle disputes between government agencies. These concerns include the need to speed up proceedings, reduce costs, provide specialized procedures, and consider power dynamics. Although the Constitution of the Islamic Republic of Iran (approved in 1979) doesn't have specific provisions for resolving disputes between government agencies, Article 134 (amended in 1989) addresses this issue. Subsequently, the "Regulations on How to Resolve Disputes Between Executive Agencies Through the Internal Mechanisms of the Executive Branch" approved in 2007, numerous circulars, and most recently, Clause B of Article 117 of the Seventh Development Plan Law of the Islamic Republic of Iran, established regulations on how to handle this type of dispute.The main question behind the compilation of the present article is to what extent does the current set of regulations governing the settlement of disputes of government agencies constitute a comprehensive and coherent "legal system" in this field? Unjustified narrowing and expansion of the covered agencies, inadequacy and ineffectiveness of the existing enforcement guarantees, weakness in determining the mechanisms for implementing decisions by competent authorities, lack of codification of specific legal principles and standards to deal with government agency disputes, and unclear cases of the need for judicial authorities to intervene in the investigation of these disputes are among the challenges of the current situations. we can mention the completion of the above regulations by focusing on components such as transparency in the scope of the relevant agencies and competent authorities for handling disputes, clarity of the issues that can be handled, the procedure for handling, the format and legal basis for issuing votes, completing the enforcement guarantee system, anticipating mechanisms for the effective implementation of votes and decisions, and how to deal with violations.
Machine summary:
The proposed solutions in this article focus on addressing the above challenges, which include completing the aforementioned regulations by focusing on components such as transparency in the scope of the covered agencies and competent authorities for dispute resolution, clarity of subject matters eligible for adjudication, completing the enforcement mechanism system, providing for effective mechanisms for implementing rulings and decisions, and the method of dealing with instances of violation.
". In ordinary laws as well, except for cases where the legislator has created quasi-judicial authorities whose jurisdiction may also encompass disputes of some state agencies, and also some regulations included in the annual budget laws of the entire country until the approval of the Seventh Five-Year Development Plan of the Islamic Republic of Iran (1403-1407) approved in 1403, no ruling regarding the prohibition of referring disputes between state agencies to the judiciary had been provided.
In this regard, considering the legal regulations governing the subject, including Clause B of Article 117 of the Seventh Development Plan Law, Article 1 of the Dispute Resolution Regulations, Article 5 of the Civil Service Management Law, and the preamble and Clause 1 of Communique No. 61334/73464 dated 2023/07/22 of the First Vice President, the investigation of disputes between companies affiliated with non-governmental public institutions and each other, as well as with executive agencies subject to Article 5 of the Civil Service Management Law, falls under the jurisdiction of judicial authorities.
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