Thinking about the effects of annulment of regulations

Nullity of regulations is one of the main sanctions of the rule of law in administrative law of Iran as well as other different countries. The temporal point in which annulment would has its effects, however, is one of the important matters in the administrative process. This importance is related to four issues: conceptual analysis of annulment, requirements of the Rule of Law and compensation of the breached rights are consistent with the retroactive effects of the annulment. In the other hand, legal security and droit acquis are more consistent with the prospective effects of the annulment. Article 13 of the Structure and the Process of the Court of Administrative Justice Act (2013) has declared that the annulment effects prospectively except when it is not suitable for the restoration of breached rights. Although we can see this article in the side of legal security and droit acquis, but it is contrary to the legal understanding (from nullity and annulment) and the Rule of Law. The jurisprudence of the court of Admnistrative Justice shows that there is not a good supportive approach to the rights protection embedded in article 13. The method is analytic- comparative.