Majid Banaei Oskooei; Vida Mirzaei
Abstract
The Council of Money and Credit, as one of the most important components of the central bank of Iran, is responsible for regulating macroeconomic policies of the country’s banking and supervision over banks and financial and credit institutions. In order to carry out its duties, the Council has ...
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The Council of Money and Credit, as one of the most important components of the central bank of Iran, is responsible for regulating macroeconomic policies of the country’s banking and supervision over banks and financial and credit institutions. In order to carry out its duties, the Council has laid down many approvals that are binding on the banking system. However, in some cases, these decisions are in conflict with current laws and regulations or have been outside the scope of the legislative authority of the Council. Hence, there are many questions and ambiguities regarding the position and legal scope of the decisions of the Council of Money and Credit. For instance, are the council’s regulations mandatory for other executive organizations in addition to banks and financial and credit institutions? Otherwise, if the rules are contrary to the Constitution, or the ordinary law, what is the duty of the executors? Given the lack of anticipation of the prior assessment of the above-mentioned approvals, in the course of a dispute and a lawsuit, does the court have a duty to assess and have the right to disregard the effects of such decisions, which have not yet been canceled?
Majid Banaei Oskooei
Abstract
By virtue of the authorities prescribed by various laws and regulations including the “Law of University Board of the Trustees Formation” , The “Law of Goals and the Authorities of Ministry of Science and Technology” and article 20-B of Iran’s Fourth Development Law , universities ...
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By virtue of the authorities prescribed by various laws and regulations including the “Law of University Board of the Trustees Formation” , The “Law of Goals and the Authorities of Ministry of Science and Technology” and article 20-B of Iran’s Fourth Development Law , universities are not bound to general obligations provided for state organizations / elements including particularly those in the law of Public Accounting, Civil Service Management Law, the Law of Bidding and Tenders and rather only bound to bylaws drafted by their board of trustees who may legislate in a wide variety of affairs including employment, administrative and financial policies. The question here is where do these regulations stand in the pyramid of legality? What is it the enforcers of law should do where these resolutions may contradict the constitution, laws passed by congress, statutory resolutions of the High Council of Cultural Revolution or the decisions of the cabinet?! Whether the authority and enforceability of such resolutions are only limited to universities or may also extend to other executive governmental bodies as well?! . Given the lack of relevant precedent in regards with exercising the extravagant authorities granted to the boards of trustees by the said laws and regulations, it is of grave importance to tackle on the subject and study its surroundings. This thesis is aimed at studying and investigating the validity, legal position and the scope to which these resolutions are enforceable.
