نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
In the Iranian legal system, a circular is considered an internal regulation. Accordingly, the ambiguity addressed in this article was whether the fact that in Circular No. 200/33799/230/900 approved by the Deputy Judicial Officer of the Administrative Court of Justice, complaints against certain organizations and issues are considered to be outside the jurisdiction of the Administrative Court of Justice, is consistent with legal and statutory principles. Based on the results obtained, firstly, from a legal perspective, the provisions of the circular under review and its issuance by the Deputy Chief of the Administrative Court of Justice are not consistent with the legal logic of issuing the circular. Secondly, the provisions of this circular are inconsistent with legal principles, including the principle of legality in determining the jurisdiction of the courts, the jurisdiction of the courts in determining jurisdiction, and the non-mixing of judicial and administrative matters and status. Thirdly, from a legal perspective, some issues excluded from the jurisdiction of the Court are legally within the jurisdiction of the Administrative Court of Justice. Fourthly, cases outside the jurisdiction of the Court are not limited to the instances included in the circular under review. From this perspective, by filing a lawsuit regarding cases outside the jurisdiction of the Court that are not mentioned in this circular, the aforementioned circular may also provide the basis for delaying proceedings and violating the rights of individuals.
کلیدواژهها English