آسیب شناسی هیأت عالی تجدیدنظر وزارتین با تأکید بر حق دسترسی شهروندان به مراجع قضایی

According to articles 34, 159 and 173 of the Constitution, it is the right of individuals to sue and anyone can refer to judicial authorities; However, the Supreme Council of the Cultural Revolution has removed some decisions issued in the field of education and research from the jurisdiction of the judicial authorities and placed them under the jurisdiction of the Supreme Council.

This resolution has a subject departure from the competences of the Supreme Council of Cultural Revolution; Because limiting the jurisdiction of judicial authorities is not an example of educational and research matters. Another thing is that assuming the acceptance of the Supreme Appeals Board of Ministers as a administrative turbinals , the necessity of judicial review according to the views of the Constitutional Council and legal principles is obvious, and not complying with it is a violation of the right of citizens to access judicial authorities.

Considering the basic uncertainties regarding the Resolution 630, the branches of the Court of Administrative Justice have different approaches in dealing with this resolution. Some branches, referring to Resolution 630, have issued a decree of incompetence in considering the decisions of the boards, and some branches have not accepted Resolution 630, arguing that according to Article 170 of the Constitution, judges are obliged not to implement illegal resolutions.

In order to solve the problem and avoid people's confusion, the cheapest and fastest solution is to issue a unanimous decision by the General Board of the Administrative Court of Justice on this issue.