A Comparative Survey of the Competence of General Court in Interpretation and Assessment of Administrative Decision in Iran and France

Judicial dualism and the separation of general judges from judges with administrative jurisdiction causes many discussions in certain cases. This issue is particularly important when an ordinary judge is playing his role in the interpretation and assessment of the legality of administrative decisions. Since there is a possibility that a general judge may reach a conclusion different from the view of an administrative organ regarding the interpretation of an administrative decision, the competence of the ordinary judge may be questioned. But due to the need of general judge for interpretation of administrative decisions and due to the permission granted by the legislator, the general judge in Iran has absolute jurisdiction for the interpretation of administrative decisions and in France he has this jurisdiction conditionally. Nevertheless, there are more difficulties concerning assessment of the legality of administrative decisions, especially regarding individual decision. Accordingly, there are fundamental limitations for a general judge to assess administrative decisions in both legal systems.