Abstract:
Judicial control of the government and its administrative actions in the Romano-Germanic legal system is carried out through a special judicial authority. In Iran, which has largely followed the aforementioned system and has been particularly influenced by the legal developments of France in the field of administrative litigation, the Court of Administrative Justice has played an important role in controlling the administrative performance of the government. In the present writing, one of the neglected or less studied topics of that authority, namely the enforcement of issued rulings and related matters, is examined. The challenges facing this subject within the legal-political structure of Iran are also the subject of our discussion.
Machine summary:
Sixth Topic: The Scope of the Ruling of Dismissal A- The scope of the ruling of dismissal in the Executive Branch 1- The President 2- Ministers 3- Commanders of the Armed Forces B- The scope of the ruling of dismissal in the Judiciary C- The scope of the ruling of dismissal in the Legislative Branch 1- The Islamic Consultative Assembly 2- The Guardian Council Conclusion *** Introduction The Court of Administrative Justice is the highest competent judicial authority for addressing citizens' complaints against the actions, decisions, and resolutions of government units and officials that are contrary to law and Sharia.
Article 21 of the amended Law of the Court of Administrative Justice stipulates: (Government units, including ministries, organizations, institutions, state-owned companies, municipalities, and organizations and institutions affiliated with them, as well as revolutionary bodies, are obliged to implement the Court's rulings in the parts pertaining to the aforementioned units; in case of refusal, they shall be sentenced by the order of the President of the Court to dismissal from government services for a period of one to five years).
Is it solely observant of the officials of executive agencies (including ministries, state institutions, state companies, municipalities, and revolutionary institutions), or if the agents of the legislative and judicial branches, the armed forces, the heads of revolutionary institutions, the Secretary of the Guardian Council and its administrative officials, the Presiding Board of the Islamic Consultative Assembly and its administrative staff, the Head of the Judiciary and his deputies, refuse to implement the ruling or order issued by the Court of Administrative Justice, will the punishment of dismissal directly apply to them or not?
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