نوع مقاله : نقد رای وحدت رویه
عنوان مقاله English
نویسنده English
By removing the Stock Exchange Organization from the jurisdiction of the Administrative Court of Justice, Binding precedent No. 1346 rendered by the Court has created a serious gap in the Iranian administrative justice system. Relying on the institutional independence of the Stock Exchange Organization, this decision has limited the possibility of initiating a complaint against the executive actions and decisions of this institution in the Administrative Court of Justice and, consequently, has weakened the access of key players of capital market to administrative justice. This article, using an analytical-descriptive method and relying on legal documents, judicial decisions, and public law doctrine, has examined the legal foundations of the aforementioned decision and its consequences in the field of financial regulation. In this regard, the position of the Stock Exchange Organization as a non-governmental public institution, its relationship with the executive branch, and the effects of the binding precedent on the principles of fair and impartial trial have been analyzed. The findings of the article indicate that the decision in question is not in line with the legal structure and function of capital market regulation and requires procedural or legislative reform. As a result, the need to review the processes for dealing with complaints against regulatory bodies, including the Stock Exchange Organization, from the perspective of transparency, impartiality, and protection of citizen’s rights has been emphasized.
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