Fair Trial in the Article 100 Commission of the Municipalities Law

The Article 100 Commission of the Municipalities Law is one of the most important specialized administrative authorities, whose votes have important financial effects and consequences. The issue of trial in the mentioned commission is one of the important issues that have been attempted to be investigated in this paper.

A fair trial is not observed in the Article 100 Commission of the Municipalities Law in some respects. Lack of independence and impartiality of the members of the Article 100 Commission is one of the cases of non-observance of fair trial in the mentioned commission. Open investigations, as a fundamental guarantee of fairness, are also a support tool for public trust and the judiciary, which is not observed in the Article 100 Commission. Moreover, the impossibility of the presence of the litigant and the lack of specific procedure rules and the observance of related formalities are in conflict with the rights of the litigants and are contrary to the principles of fair trial.

It is necessary to change the rules and regulations of investigations in the Article 100 Commission and consider the principles of independent procedure rules for investigating violations in this commission. For the independence of judges, strategies need to be taken into consideration to minimize the financial and employment dependence of judges in charge of municipalities. Investigations should be conducted in public and in person so that the litigants have the right to a fair defense and the rights of individuals are prevented from being violated.