Disputes and public law
Decisions of public bodies, government agencies, municipalities, commissions and regulators can have significant legal and economic effects. Where a decision is legally flawed, the key questions are whether it can be challenged and before which forum. Ghazaal Majdzadeh Legal Practice in Tehran advises and acts before Iran’s Administrative Justice Court and in public law matters, focusing on the limits of each authority’s powers and compliance with legal procedure.
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Testing whether the decisions and acts of executive bodies comply with the law.
The legal basis and procedure of specialised boards and commissions.
Decisions and acts of municipalities and related commissions, within their legal powers.
Administrative decisions that affect how companies and businesses operate.
Whether regulations that conflict with the law or exceed the issuing body’s powers can be annulled.
The issuing body’s jurisdiction, the governing law, the procedure followed, the grounds of the decision and the parties’ rights of defence form the basis of the application or complaint.
How we work
Its text, grounds and date of notice.
The competent forum and the time limit.
A reasoned complaint or objection is prepared.
Pursued to judgment and enforcement.
Decisions and acts of certain administrative bodies, and rulings of specialised administrative tribunals, may be challenged within the Court’s statutory jurisdiction. Not every dispute with a public body falls within its jurisdiction, so the issuing body and the nature of the matter must be checked.
Specific statutory time limits apply to certain complaints and objections, and they vary with the type of decision and the issuing body. The date of service, when the decision became known and the relevant rules should be checked before filing.
Where the statutory conditions are met, an interim order can be requested. Whether one is granted is for the competent authority to decide once the conditions are established; filing a complaint does not usually suspend the decision automatically.
Depending on the type of commission, the ruling and the applicable rules, an objection or complaint can be brought before the competent body. Finding the right route requires a review of the subject of the ruling, the date it was served and the steps already taken.
A challenge to an administrative decision usually concerns an act or decision affecting a specific person or situation. A request to annul a regulation concerns the validity of rules or resolutions of general application, and the forum and procedure may differ.
Yes. Legal entities that meet the legal requirements and have a direct interest can, where appropriate, act against administrative decisions affecting their rights. Jurisdiction, proof of authority to represent the company and the nature of the decision should be reviewed before filing.
Challenges to rulings of administrative tribunals before Iran’s Administrative Justice Court are subject to statutory deadlines.
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This page is general information, not legal advice. The answer in any particular matter depends on its own documents and circumstances.
