نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Considering the importance of the judicial supervision of the Administrative Justice Tribunal on the regulatory institutions and the direct economic, social and legal effects of this supervision, the present research, using the descriptive-analytical method and the analysis of the opinions of the general board and the specialized boards of the Administrative Justice Tribunal, on the issue of the supervision of the Administrative Justice Tribunal It has focused on the regulatory institutions to identify the procedures of the Administrative Justice Tribunal, the considered criteria, as well as the positive and critical aspects of this supervision. The results of the review of the decisions and procedures of the Administrative Justice Tribunal in the judicial supervision of the regulatory institutions show that the general board and the specialized boards of the Administrative Justice Tribunal have reviewed the approvals of the regulatory institutions only from the point of view of their "legality or not" and in order to identify the legality or their absence, to cases such as changes and developments in the laws of the country, the principle of non-retroactivity of laws and regulations, the competence of the Competition Council in approving price regulation instructions, the prohibition of refusing to issue a license under the pretext of market saturation and the lack of competence of the executive branch in They have paid attention to the determination of punishment and have prevented regulatory institutions from departing from legal competences and applying arbitrary procedures in approving approvals. Also, not paying attention to the principles of general economic law and the economic effects of the approvals, not paying attention to the principle of equality, proportionality and legitimate expectation, and the contradiction of opinions on single issues, are among the critical aspects of the supervision of the Administrative Justice Tribunal on regulatory institutions.
کلیدواژهها English
