Challenges of two-stage proceedings in the branches of the Administrative Court of Justice: A plan for the proper organization of the proceedings
The fact that the proceedings are two or more stages is one of the issues that affect the quality of the proceedings and its results. In the Court of Administrative Justice, on the one hand, necessities such as preventing procrastination, facilitating the unification of judicial procedure and the high position of this institution justify the tendency to one-stage proceedings, and on the other hand, requirements such as the possibility of compensation in judicial decisions, respect for judicial principles. Fair and enabling people to access the courts will lead to a two-stage trial. In such a situation, it is very important to find a suitable model for the investigation process and to express its characteristics. The present study has tried to provide a mechanism for the proper organization of the proceedings in the branches of the Administrative Court of Justice by analyzing the needs of the administrative proceedings. According to the research recommendations, by applying minimal changes in the current situation, the advantages of one-stage and two-stage treatment can be maintained and their disadvantages can be avoided. The proposed changes, which are partly inspired by the mechanism of specialized committees and the General Assembly of the Court of Administrative Justice, are aimed at maintaining the primitive and appellate branches along with modifying their functions. According to the authors, the new organization can achieve a proper administrative procedure (optimal and fair trial) by reducing the length of proceedings and increasing the accuracy of proceedings.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.