Culmination of Law

Culmination of Law

Analysis of the Opinions of the Administrative Justice Tribunal in the Judicial Supervision of the Approvals of the Regulatory Institutions

Document Type : Original Article

Authors
Mohammad Hossein Zarei 1
Alireza Shamsi Moheb 2
1 Associate Professor, Department of Public Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
2 MA. in Public Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
10.22034/thdad.2024.2019989.2667
Abstract
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.
Keywords
Regulation
Administrative Justice Tribunal
Law and Economics
Competition
Monopoly

Subjects

Sources
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Culmination of Law
Volume 11, Issue 2
Autumn 2025
Pages 99-127