Ray (Judicial Case Review)

Ray (Judicial Case Review)

Criteria for being specific or general of Approvals in Court of Administrative Justice

10.22106/jcr.2024.547009.1391
Abstract
The Court of Administrative Justice has two different authorities to annulment of approvals: Branches and the General Board. Article 10 of the Organization and Procedure of the Court of Administrative Justice, Act regarding the competence of the branches, uses the term "decisions and actions" and according to paragraph 1 of Article 12 of this law, the annulment of "bylaws and other orders and regulations" is within the competence of the General Board. Is located. In the decisions of the General Board, the separation of the competence of the Branches and the General Board is often done in the form of the terms "specific" and "general". Explaining that the annulment of specific approvals is within the competence of the Branches and the annulment of the general approvals is within the competence of the General Board. However, no argument has been made as to why the relevant approvals are specific or universal, and therefore no specific criteria have been introduced to distinguish between these two categories. However, in one of the recent decisions of the General Board a criterion has been defined according to which, if once there is no reason to implement a resolution in the following cases, that resolution is one of the examples of the provisions of Article 1, paragraph 12. It is not considered a law. Should the mentioned authorities be fully bound by this criterion? This criterion prevents the entry of some important claims and causes the entry of some less important claims to the General Board. Its application to the specific ratifications is not consistent with the provisions of Article 170 of the Constitution. It seems necessary to amend the law for a more accurate and justified separation of the jurisdiction of the Branches and the General Board.
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Volume 12, Issue 43
43
Spring 2024
Pages 71-94

  • Receive Date 24 January 2022
  • Revise Date 11 February 2022
  • Accept Date 04 November 2024