The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Regulating the Price of Public Services in the light of the Procedure of the Court of Administrative Justice

Document Type : Original Article

Authors
1 Assistant Prof. Department of Public Law, Faculty of Law, University of Science and Culture, Tehran, Iran
2 MA. in Public Law, Department of Public Law and Economic law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
10.22034/mral.2024.2015892.1546
Abstract
Since the price of services is a very influential component in citizens' satisfaction with public services, regulating the price of public services is very important in terms of complying with the principles of public services and protecting the rights of consumers. Also, due to the effect of price on the state of competition between companies and public service actors, this issue is also important and sensitive in terms of competition law. The present research has dealt with the issue of regulating the price of public services in the light of the procedure of the Administrative Court of Justice with a descriptive-analytical method. The results of the analysis of the opinions of the Administrative Court of Justice in this matter show that the Administrative Court of Justice in the field of competition law rules such as text-centered and non-invoking the principle of "competition" and the prohibition of refusing to issue a business license under the pretext of "market saturation", and in Consumer rights have taken into consideration the prohibition of setting fines and punishments by the government and the prohibition of unfair discrimination in determining the price of services. Also, in the price regulation methods, criteria such as having the legal authority to determine the tariff, not changing the nature of the tariff by changing its title, identifying the determination of the price ceiling as a method of price regulation and emphasizing on updating the price ceiling rate based on economic changes have been specified.
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Volume 7, Issue 23
seventh year, 23th issue, ّsummer 2025
Summer 2025
Pages 333-358

  • Receive Date 19 November 2023
  • Revise Date 12 May 2024
  • Accept Date 16 May 2024