The legal framework of dealing with non-approval of regulations in the Administrative Court of Justice

Molabeigi, Gholamreza; Mohammadi Ahmadabadi, Hossein; Eshraghi Jazi, Mohammad Ali

doi:10.22106/jlj.2025.2029816.5926

The legal framework of dealing with non-approval of regulations in the Administrative Court of Justice

Document Type : Research/Original/Regular Article

Authors

gholamreza molabeigi ¹

hossein mohammadi ahmadabadi ²

mohammad ali eshraghi jazi ³

¹ Ph.D in Public Law, Islamic Azad University, Science and Research Branch, Lawyer of the Guardian Council

² Ph.D in Public Law, Imam Sadiq University

³ Ph.D. Student of Public Law, Department of law, Imam Sadeq University

10.22106/jlj.2025.2029816.5926

Abstract

As the custodians of public affairs, governments are forced to make specific or formal decisions to establish public order and proper administration, which authority is mainly granted to them by law. Despite this necessity, sometimes administrative authorities refrain from making formal decisions and approving executive regulations that they are required to do by law; in this case, "administrative omission" is achieved. The legal framework for litigation in cases of failure to approve regulations in the Administrative Court of Justice is an ambiguity that the following article addresses using a descriptive-analytical method. While explaining the jurisdiction of the Court's branches in handling "omission of a typical act" and its requirements, it comes to the following approach: if the rights and obligations are specified by the legislator or the subject assigned to the regulation is fixed and unchangeable, the failure to approve the regulation does not negate the rights acquired at the time of non-approval, but if the fulfillment of rights and obligations is subject to the approval of the regulation or is generally determined, the failure to approve the regulation prevents the realization of rights and obligations. Of course, in a case where rights and benefits cannot be claimed, the damage caused by the omission of the act can be claimed, based on Note 1, Article 10 of the Court Law.

Keywords

administrative omission

administrative proceedings

Administrative Court of Justice

failure to approve regulations

judicial supervision

Subjects