Today we are going to deal with the issue of the conditions and cases of issuing a temporary order in the Court of Administrative Justice. Of course, you should know what is the administrative justice court? First, we will get acquainted with the definition and nature of the temporary order, then with the conditions and cases in which this order is issued. To know and understand all aspects and angles of the temporary order, join us to explain this issue to you.
Definition of temporary order
Sometimes, the issue that is raised for a complaint to the Administrative Court of Justice may have different complexities and dimensions, and it cannot be dealt with in a short matter. Also, the issued rulings may be sued or contested and need to be revised.
If the rights of the beneficiary of the complaint are endangered, in such a way that a loss is caused to him that cannot be compensated, he can request the issuance of a temporary order in the Administrative Court of Justice. Article 316 of the Civil Procedure Law introduces the subject of a temporary order to confiscate property, oblige to perform an action or refrain from performing an action.
The difference between the temporary order of the legal court and the temporary order of the Administrative Court of Justice
– It is not possible to request a temporary order in the Court of Administrative Justice before filing a complaint; But in the court of law, before submitting the petition, you can request the issuance of a temporary order.
– In order to issue a temporary order in legal courts, a legal fee equal to the legal fees of non-financial lawsuits must be paid; But this is not the case in the Administrative Court of Justice.
– Depositing possible damages is one of the conditions for issuing a temporary order in the legal court; However, it will not be necessary to deposit the possible loss caused by the measures of the temporary order in the Court of Administrative Justice.
How to apply for a temporary order in the Court of Administrative Justice
The next issue regarding the follow-up of the complaint of the Administrative Court of Justice is that if the plaintiff claims, in addition to the complaint that he has filed, that the final judgment, third-party measures or appeals regarding the subject of the complaint will cause losses that cannot be compensated, he can ask the investigating branch The court requests the issuance of a temporary order. The request for a temporary order must be made before the end of the proceedings and the issuance of a final verdict, otherwise it will not be acceptable and will not be heard.
Jurisdiction of the Court of Administrative Justice
1- Dealing with the complaints of natural and legal persons about the approvals and regulations of government organizations, municipalities and public non-governmental institutions due to non-compliance with Sharia, law and principles, as well as the lack of competence of the relevant organization in that field.
2- Dealing with objections from the votes of boards and commissions for dealing with violations; Such as the Article 100 commission or the worker-employer dispute settlement board or social security commissions
3- Dealing with complaints and objections of judges, employees and subjects of the Comprehensive Civil Service Management Law
4- Dealing with complaints and objections from the decisions and actions of government organizations, municipalities, revolutionary institutions and non-governmental public institutions and their employees.
The competent branch handling the request for issuing a temporary order
In this branch, they deal with all requests for temporary orders from the branches of the Administrative Court of Justice. The petitioner must deliver the request for issuance of his temporary order regarding the complaint to the branch. But regarding the complaint, it should be said that depending on its subject, the branches or the general board of the court are the authority to investigate. In the following, we will deal with the complaints that are dealt with in the general board and we will say some things about the temporary order in them.
Does the temporary order have an effect on the substance of the complaint?
The temporary order does not affect the main subject of the complaint and is considered an independent matter from it; But this independence and ineffectiveness is one-sided. In case of rejecting the complaint or reaching a result that is contrary to the temporary order, the temporary order will be lost and the ruling that has been finalized will become valid and ruling. Any claim to the contrary is not acceptable.
Temporary order if the subject of the complaint is the cancellation of approvals!
If the subject of the complaint is the annulment of the approvals and regulations and the person has a request to issue a temporary order in the Court of Administrative Justice, the complaint is first sent to one of the branches of the court. The branch should issue a temporary order after examining the conditions. After that, the issue of revoking the approvals will be dealt with in the General Board of the Administrative Justice Court out of turn.
Requiring organizations to implement the temporary order
According to Article 39 of the Law on Organizations and Procedures of the Court of Administrative Justice, all the organizations, departments and officers of the complaining party, for whom the temporary order has been issued, must take the measures related to the temporary order and comply with it. In case of failure to comply with the temporary order, the investigating branch of the Court of Administrative Justice will dismiss the guilty person from service for 6 months to 1 year. Also, the dismissed person must compensate possible damages.
Conclusion
In this article, we discussed the conditions and cases of issuing a temporary order in the Court of Administrative Justice. As a summary, it can be said that a temporary order is issued when doing or not doing something causes irreparable damage to the plaintiff. The temporary order is immediate and without special formalities, and the competent authority to issue it is the court that deals with the main complaint. The request for issuing a temporary order must be made before the announcement of the end of the proceedings.
It should be noted that referring the complaint to the Administrative Court of Justice by lawyers will be more effective. Because the lawyers are aware of different laws and examine your case in a specialized way. In this regard, the lawyers of Dadista Law Firm are with you dear ones.