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Information Journal Paper

Title

The Comparative Study of the High Management of the Judiciary in the Legal System of Iran and the European Union

Pages

  111-134

Abstract

 From an organizational perspective, judicial management means the institution and structure established by law to make justice which in the broader sense, include all entities created not for the sake of justice but for the management of the Judiciary, such as ministries and judicial councils. In the EU member states there are three main models of centralization, semi-centralization and autonomy regarding the administration of the Judiciary. The most important model is the diffused and council one. The main reason for the creation of judicial councils in the EU has been to keep judgments and judicial processes separate from political and external pressures, in particular the exercise of executive power. Judicial councils have led to upholding and promoting Judicial Independence by appointing judges with no intervention of the executive through a judge-made entity. Nowadays, there is a great tendency in the EU countries to manage the Judiciary by means of such system. Judgment in the Islamic Republic of Iran Judicial System, based on the Islamic norms, is the authority of Vali-e-Faqhi (the Supreme Leader). Essential to mention that better arrangements for the administration of the Judiciary in terms of composition, conditions of candidates and structure before the revision of the constitution could led to a better performance. By the way, the ten-year experience of council management in the legal system of the Islamic Republic of Iran was not so successful, and centralized management after the Constitutional revision has been a great remedy for the related deficiencies.

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    APA: Copy

    PARVIN, KHEIROLLAH, & HEIDARNEZHAD, VALIYOLLAH. (2020). The Comparative Study of the High Management of the Judiciary in the Legal System of Iran and the European Union. JOURNAL OF PUBLIC LAW KNOWLEDGE, 8(26 ), 111-134. SID. https://sid.ir/paper/398411/en

    Vancouver: Copy

    PARVIN KHEIROLLAH, HEIDARNEZHAD VALIYOLLAH. The Comparative Study of the High Management of the Judiciary in the Legal System of Iran and the European Union. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2020;8(26 ):111-134. Available from: https://sid.ir/paper/398411/en

    IEEE: Copy

    KHEIROLLAH PARVIN, and VALIYOLLAH HEIDARNEZHAD, “The Comparative Study of the High Management of the Judiciary in the Legal System of Iran and the European Union,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 8, no. 26 , pp. 111–134, 2020, [Online]. Available: https://sid.ir/paper/398411/en

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