Public Law Studies Quarterly

Jurisdiction of the Court of Administrative Justice in dealing with claims arising from administrative contracts in the 2023 amendments to Organization and the Procedure of the Court of Administrative Justice act

Articles in Press

Document Type : Article

Authors

Amirhossein Gholami 1
Poorya Fakhimi 2
Vali Rostami 3

1 LL.M student, Department of Law and Politic science, University of Tehran, Tehran, Iran

2 LL.M student, Department of Law and Politic science, University of Tehran, ز, Iran

3 Professor, Department of Law and Politic science, University of Tehran, Tehran, Iran

https://doi.org/10.22059/jplsq.2024.370615.3462
Abstract
Iran's precedent of the Court Of Administrative Justice considered the handling of disputes arising from administrative contracts within the jurisdiction of the civil courts for a long time. But the special legal system that governs administrative contracts also requires a special system of judicial review of claims related to them. Realizing this necessity, in Note 3, Article 10 of the Law "Amendment of the Law on Organizations and Procedures of the Court of Administrative Justice" 2023, the lawmaker has established the jurisdiction of the Court's branches, in addition to dealing with the preliminary and preparatory stage for the conclusion of the contract by the administration, in handling the claims of the contract conclusion stage. Using reliable library sources and descriptive-analytical method, this article investigates and explains the jurisdiction of the Court of  Administrative Justice in dealing with claims arising from administrative contracts in accordance with the legal amendments.

Keywords

Administrative Contracts
The jurisdiction of the Court of Adminstrative Justice
Formation of administrative contracts
General conditions for concluding administrative contracts
Specific conditions for Formation of administrative contracts
Subjects

  1. References in Persian:

    1. A) Books
    2. Abbasi Lahiji, B. (2015). Administrative Law. Tehran: Dadgostar (In Persian).
    3. Ansari, V. (1998). General Laws of Administrative Contracts. Tehran: Hoquqdan (In Persian).
    4. Aqaei Towq, M., & Lotfi, H. (2022). Administrative Law. Tehran: Sahami Enteshar (In Persian).
    5. Emami, M., Vaezi, S. M., & Soleimani, M. (2011). Rules of lawsuits that can be filed in the Court of Administrative Justice. Tehran: Mizan (In Persian).
    6. Hashemi, S. M. (2021). Fundamental rights of the Islamic Republic of Iran. Thirty-sixth Edition, Tehran: Mizan. Second Vol (In Persian).
    7. Mohagheq Damad, M. (2008). Principles of Islamic Jurisprudence. Tehran: Islamic Sciences Publishing Center (In Persian).
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    9. Musazadeh, R. (2008). Administrative Law (1-2) Generalities and Iran. Tehran: Mizan (In Persian).
    10. Ostovar Sangari, K, & Emami, M. (2017). Administrative Law 1 and 2. Twenty-third Edition. Tehran: Mizan (In Persian).
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    12. -------------- (2011). Public Finance. Tehran: Mizan (In Persian).
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    1. B) Articles
    2. Aine Nagini, H., & Abrishami Rad, M. A. (2018). Criticism of judicial procedure of Iranian courts in dealing with claims about administrative contracts. Administrative Law Quarterly, (21), 33-55. DOI: 10.29252/qjal.7.21.33 (In Persian).
    3. Mirdamad Najafabadi, S. A. (2019). Authority and limits of the powers of the Court of Administrative Justice. Legal Knowledge, (1), 35-66 (In Persian).
    4. Mohammadpour, M., & Mirzadehkouhshahi, N. (2020). Legal feasibility study of admission of general jurisdiction of the Court of Administrative Justice in handling lawsuits regarding administrative contracts. Modern Research on Administrative Law, 2 (2), 27-45. Doi: 10.22034/mral.2020.127259.1021 (In Persian).
    5. Rezaizadeh, M. J. (2008). Characteristics of Administrative Contracts. Law Quarterly, (2), 135-151 (In Persian).
    6. Zare, M. H., & Molaee, A. (2023). Pathology of Features of Iran Administrative Contract in the Compared with France and England Law. Judicial Law Views, 18 (63), 167-206 (In Persian).

     

    1. C) Sites
    2. (2022). Expert opinion on: "Plan to amend articles of the Law on Organizations and Procedures of the Court of Administrative Justice", Majlis Research Center, accessible at: https://www.sid.ir/paper/1047474/fa (In Persian).
    3. (2022). The text of the proposal to amend the Law on Organizations and Procedures of the Court of Administrative Justice, test, accessible at: https://www.ekhtebar.ir/طرح-اصلاح-قانون-تشکیلات-و-آیین-دادرسی-د/ (In Persian).
Public Law Studies Quarterly

Articles in Press, Accepted Manuscript
Available Online from 23 September 2026

  • Receive Date 06 January 2024
  • Revise Date 15 June 2024
  • Accept Date 11 November 2024

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