Supervision of the Court of Administrative Justice Branches on Administrative Omission (Explanation and Analysis of Article (16) of the Law of the Administrative Court of Justice)

Document Type : Original Article

Authors

1 Ph.D. Student of Public Law, Department of law, Imam Sadeq University, Tehran, Iran

2 Associate Professor, Department of Public Law & International, Faculty of Law & Religious Study, Imam Sadiq University, Tehran, Iran

3 Ph.D in Public Law, Islamic Azad University, Science and Research Branch, Tehran, Iran.

Abstract

The ever-increasing expansion of the activities of the government and the executive bodies shows the necessity of taking decisions and measures to organize administrative affairs and ensure the implementation of laws. Despite this necessity, in some cases, the institutions and their officials refuse to take the decision and action that they are obliged to do according to the law. Therefore, in addition to the administrative supervision foreseen in the laws, the judicial supervision of administrative acts is undeniable as one of the important and new challenges of administrative law in order to prevent the violation of citizens' rights.
The uncertainty that exists in this context is whether the court of administrative justice as an administrative judge has the authority to supervise administrative omission or not? The following article, using the descriptive-analytical method, while explaining the concept of administrative omission, comes to the conclusion that, firstly, using the articles (10), (11) and (12) of the Law of the Administrative Court of Justice has the authority to "cancel" and "mandate" and therefore can deal with the administrative omissions. Secondly, the legislator in 1402, while amending the law of the Court of Administrative Justice, made the filing of a complaint in the Court's branches subject to the initial reference to the institution and obliged the institutions to respond to the request of the applicants, which led to the regulation of administrative decision-making, Documenting and justifying decisions and reducing administrative omissions.

Keywords

Main Subjects

References

Abu Zaid, M. (1988). Overview of the Administrative Judiciary. Egypt: University Press House. (In Arabic)
Aghaeetog, M. (2019). Judicial Review of the non-ratification of the Executive Regulations in Iran in the Light of Comparative Administrative Law,  Public Law Studies Quarterly. 49 (3), 674-657.(In Persian)
Al-Jubouri, M. Kh. H. (1986). Legal protection of individuals against the actions of the administration in Iraq; Comparative study. doctoral thesis. Baghdad: College of Law. University of Baghdad. (In Arabic)
Dacian, C. Dragos, Polonca. K. & Hanna, D. T. (2020). The Sound of Silence in European Administrative Law. Switzerland: Palgrave macmillan
Dehkhoda, A. A. (1998). Dictionary of Dehkhoda. Tehran: Rozeneh Publications (In Persian)
Dibanjad, M. (2016). Jurisprudential-legal explanation of accessory in crime through omission. Tehran: Majd Publications (In Persian)
Hajidehabadi, A., Morovat, A. A. (2019). Manslaughter by Omission: from Criterion to Instance. Journal of Criminal Law Research. (29), 259-223. (In Persian)
Harlow, C., Rawlings, R. (2014). Process and Procedure in EU Administration. Oxford: Hart Publishing
Jansen, O. (2016). Silence of the Administration: General Comments and Dutch Law. In J.-B. Auby (Ed.), Droit comparé de la procédure administrative/ Comparative Law of Administrative Procedure, 623–646. Brussels: Bruylant.
Karimi, A. W. (2012). Jurisprudential investigation of the omission of the act in the realization of the material element of the crime. Qom: Imam Khomeini Publications (In Persian)
Kovaˇ C. P. (2012), Fighting Administrative Silence in European and Slovene Lawand Practice, In D. C. Dragos, F. Lafarge, & P. Willemsen (Eds.), PSG Law & PA: Proceedings, 79–106. Bucharest: Economicˇa
Morand-Deviller, J. (2007). Droit administrative. Montchrestien.
Mowlabigi, Gh., Mohammadi Ahmadabadi, H. (2023). Jurisdiction and Procedure of the Court of Administrative Justice. Tehran: Jangal Publications (In Persian)
Okasha, H. Y. (1987). Administrative Decision in the Judiciary of the State Council. Egypt: Alexandria Publications (In Arabic)
Qasim Zadeh, S. M. (1999), civil liability due to omission (fault of the type of negative action or omission). Faculty of Law and Political Science Journal. (44), 41-64. (In Persian)
Rifaat Abdel-Wahhab, M., Sharaf al-Din, A. D. (1988). Administrative Judiciary. Egypt: Arab Printing Office. (In Arabic)
Sadr al-Hafazi, S. N. (1993). judicial supervision of government actions. Tehran: Shahriar publishing house, first edition. (In Persian)
Shams, A. (2019). civil procedure; Advanced course, first volume. Tehran: Derak Publications. (In Persian)
Tabatabai Motmani, M. (2011). Administrative Law. Tehran: Samat Publications, 16th edition. (In Persian)
Wasfi, M. K. (1978). Principles of Administrative Decision Procedures. Al-Amana Publications. (In Arabic)

Files

Share

How to cite

Statistics