نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق دانشگاه سمنان
2 استادیار حقوق عمومی، دانشکده حقوق، دانشگاه تربیت مدرس، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Clause "2" of Article 10 of the Administrative Justice Court Law had placed within the jurisdiction the Administrative Justice Court branches to review objections and complaints against final opinions and decisions of disciplinary boards and commissions such as tax commissions and labor dispute resolution boards. Apart from the persistent ambiguities regarding the criteria and examples of quasi-judicial bodies falling under this clause, with the addition of Notes "2" and "3" to Article 3 of the Court's law in 2023 and particularly the issuance of the unifying opinion No. ۱۴۰۴۳۱۳۹۰۰۰۱۰۳۶۱۸۴ dated 22/07/2024 by the General Board of the Administrative Justice Court, adjudicatory authorities were added to the entities covered by Clause "2" of Article 10 of the Administrative Justice Court Law. This descriptive-analytical research, while explaining the criteria and examples of quasi-judicial bodies covered by the mentioned clause, attempts to answer the question what extent does the extension of the scope of Clause "2" of Article 10 of the Administrative Justice Court Law to include adjudicatory authorities, in addition to quasi-judicial bodies, comply with legal principles and foundations? The findings of this research, identified the criteria and examples of quasi-judicial bodies covered by Clause "2" of Article 10 of the Court's law, consider the extension of this clause to authorities other than quasi-judicial bodies -especially commissions and boards with adjudicatory competence- to be fraught with numerous problems, which may, in some cases, infringe upon the right to litigation under Principle 34 of the Constitution and harm the system of administrative adjudication.
کلیدواژهها [English]
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