The model of the Administrative Court of Justice dealing with public rights claims of NGOs (from the point of view of the obligation to revive)

Document Type : Research Article

Authors
1 دانشگاه تهران Ut univ
2 sbu.ac.ir
Abstract
For the first time in the subject law system of Iran after the constitution (1285), the ordinary legislator, according to Note 2 of Article 17 of the Law of the Administrative Court of Justice (approved on 2023), supervises the actions (both actions and omissions) of a case The government recognized the jurisdiction of the administrative justice court and NGOs organizations in violating public rights. At the same time, the novelty of litigation (lawsuits) based on public rights and interests and the lack of legal detail, judicial procedure, and the insufficiency of the necessary theoretical support in drawing the quality and manner of confrontation between the administrative judge and the non-governmental organizations in public rights, the implementation of the legal requirement He faces the mentioned with ambiguities. How to realize the basis, strategy and requirement of the lawmaker due to legal and legal loopholes is faced with different interpretations and inferences. Therefore, this article, with the aim of presenting a valid (legal) opinion and using analytical methods and referring to library sources, investigates the main question that "the judiciary, specifically the Administrative Court of Justice, faces complaints According to what major (main) approach should the people's organizations be in public law?" The breadth and sensitivity of public rights claims due to the fact that citizens are the beneficiaries of public good and interests is such that it is not possible to achieve the revival of these rights with conventional and traditional legal methods and inferences of administrative proceedings. Therefore, public law needs to draw a new model to deal with the capacities of non-governmental organizations and at the same time based on the legal foundations of justification, i.e. its revival and continuation in the Court of Justice based on justice. He managed to discover the answers to legal issues and loopholes regarding the quality of role-playing of popular institutions.
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  • Receive Date 25 April 2024
  • Revise Date 08 July 2024
  • Accept Date 22 September 2024