Administrative Prosecutor in the Iranian legal system; Challenge or opportunity?
Today, the protection of the public interest is weakened in some aspects of administrative law. Experience shows that we face gaps at the normative and structural levels in areas such as the handling of case-based government decisions that lack specific stakeholders. In addition, with challenges such as inequality of litigants, obstacles in providing accurate and convincing evidence to the plaintiff, weakness in knowledge of public law and lack of accurate plan of the claim and, consequently, the validity of the final decision and also the lack of proper implementation and We are constantly facing the verdicts in the Court of Administrative Justice. One of the proposed solutions to solve these challenges is the establishment of an administrative prosecutor. However, choosing the best solution is still a matter for reflection, discussion and consideration.The results of the present study showed that in the field of protection of public interests, the development of the concept of beneficiary for litigation in the branches of the Court of Administrative Justice and distance from the concept of beneficiary in private law causes the gaps in litigation in the Court to be largely filled. . In addition, instead of establishing a prosecutor''s office in the Court of Administrative Justice, it is better to entrust the role of protection of public interests to the National Inspection Agency. Considering that the General Inspection Organization has units in all provinces, so in the first place, it is easier for this institution to obtain information about the abuse of public interests in the whole country, and secondly, by granting this legal right. Existing challenges will also be addressed to the National Inspection Agency regarding the possibility of filing a lawsuit in the branches of the Administrative Court of Justice.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
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