چکیده:
Considering the basis of protection of people's rights, examining the possibility of filing lawsuits by public law legal entities and government organizations in the primary branches of the Court of Administrative Justice by refusing to challenge the final decisions of specialized authorities by these institutions before the general courts of justice is an issue that The present article aims to analyze the unanimous decision of the Supreme Court No. 803. In other words, by accepting that in the case of appeals or open lawsuits, the executive body will have the possibility to act as a plaintiff, is it acceptable for these bodies to raise objections against the opinions of quasi-judicial bodies such as the Commission of Article 100 of the Law of Municipalities? By examining and analyzing the decision of the Masharaliyeh, it seems that the possibility of protesting the decisions of quasi-judicial authorities can be recognized by considering legislative and judicial solutions.
خلاصه ماشینی:
jcr/1022106 : (DOI) Digital Identifier Assessing the possibility of filing complaints by public law legal entities in the preliminary branches of the Court of Administrative Justice; analysis of the judicial unification of precedent opinion No. 803 of the Supreme Court Vahid Heydari Seyyed Mohammad Mehdi Ghamami Abstract Considering the principle of protecting people's rights, examining the possibility of filing lawsuits by public law legal entities and state organizations in the preliminary branches of the Court of Administrative Justice, given the refusal of these entities to object to the final decisions of specialized authorities before the general courts of justice, is an issue that the present article intends to examine by analyzing the unification of precedent opinion No. 803 of the Supreme Court.
1. The specialized exclusion of matters within the jurisdiction of specialized courts from the scope of jurisdiction of general courts From the perspective of the sixth branch of the Sari General Civil Court, despite the fact that according to Articles 34, 156, 159, and 173 of the Constitution of the Islamic Republic of Iran, the judiciary serves as the general authority for seeking redress for individuals, including public and state entities and all members of the nation; and from this standpoint, the non-applicability of Article 10 of the Law on the Organization and Procedure of the Court of Administrative Justice in handling the objections of public and state institutions to the decisions of the Article 100 Municipal Commission does not prevent the handling by general courts nor strip them of their jurisdiction; however, on the contrary, the Mazandaran Provincial Court of Appeal, while accepting this general principle, considers the subject of the complaint to be among the matters that fall within the jurisdiction of specialized commissions, and for general courts to intervene in them, an explicit text in this regard is required.
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