Public Law Researsh

Conflict of interest in the public sector with a view to the rule against bias in administrative law

Articles in Press

Document Type : Research Paper

Authors

Zohreh Naeimifard 1
MAHDI HADAVAND 2

1 Ph.D. Student, Public Law, Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran.

2 Assistant Professor, Public Law, Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran.

https://doi.org/10.22054/qjpl.2025.80178.3007
Abstract
In administrative law, the "rule against bias" is one of the branches of the principle of "procedural fairness". One of the situations that may lead to a violation of the mentioned rule is "conflict of interest". Despite the importance of discussing the conflict of interest in the public sector, taking into account its relationship with the rule against bias in administrative law, this issue has been addressed less, and the main topics discussed are related to the relationship between corruption and conflict of interest. Considering the relationship between this concept and the rule against bias, this article, using an analytical-descriptive method, seeks to examine the nature, elements, application, criticisms, and challenges of conflict of interest management to increase transparency and public trust in the government. It seems that bias and conflict of interest are related in the potential of influencing decision-making, jeopardizing impartiality and fairness, and affecting the validity of administrative decisions and actions. The most important requirements of prohibiting bias in conflict of interest are refusal and disqualification. In the face of the challenges in managing conflict of interest situations, continuous improvement, modification, and updating of conflict of interest regulations are necessary to ensure avoid any appearance of bias.

Keywords

"
Rule against bias"
Conflict of interest"
Disclosure"
Recusal"
, "
Disqualification"
Subjects
Public Law Researsh

Articles in Press, Accepted Manuscript
Available Online from 14 April 2025

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