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The price of air tickets published by the Administrative Court ruling has been one of the most controversial topics in recent weeks and has caused a lot of reactions.
According to Article 161(b) of the Fifth Development Plan Law, the government is obliged to diversify the rates of air cargo and passenger services until the end of the first year of the plan, and from the third year of this year, fully liberalize air transport rates, airport services and flight networks, and cancel mandatory discounts and exemptions in the areas of air navigation service use, airports, take-offs and landings, flight services, transfers and related matters to achieve their rates.
The Administrative Court also intervened in the matter after a complaint was filed and, after conducting an expert investigation and holding several meetings with relevant officials, made a ruling in accordance with the law.
In this regard, Hojjatul-Islam Wal-Muslimin Hekmat Ali Mozafari, President of the Administrative Court, said: Last year, some airlines claimed that the legislator in the Fifth Development Plan and Article 161 required the government to take action on the publication of air ticket prices. With the approval of the General Administration of Market Regulation, he filed a lawsuit with the Administrative Court in the field of air ticket pricing.
He added: Based on this contention, the government had no right to intervene in air ticket prices again as air ticket prices were subject to liberalisation laws and the court intervened in the matter in accordance with its legal duties.
The President of the Administrative Court clarified that the court filed this lawsuit to verify whether the law of the Fifth Program, especially the provisions concerning the publication of air ticket prices, were implemented; therefore, this issue was investigated in the Administrative Court by convening a meeting, and the representative of the aviation organization in the General Council of the Court announced that the publication of air ticket prices to implement the Fifth Development Plan Law and its instructions and regulations were also regulated and published in the implementation of the Fifth Development Plan.
He went on to say: When a certain provision of a law is implemented, the legislator must either cancel that provision in the Sixth Plan (there is no proposal in the Sixth Plan to cancel the publication of air ticket prices), or make a new law in the Sixth Plan in this regard) or make a new provision for this purpose; because once a law is implemented, it is a legal order and you cannot violate the law.
Mozaffari reminded that the Market Regulation Headquarters, the Civil Aviation Organization and the Ministry of Roads and Urban Development participated in the expert group and the General Committee of the Court to deal with this issue. The Market Regulation Headquarters and the Aviation Organization defended their positions in these meetings. Finally, the General Council decided that the next step of the Market Regulation Headquarters was illegal and beyond the scope of the Ministry’s authority, and abolished this regulation. Since then, the empty ticket pricing has been removed from the command model.
He added: This vote was related to March 1402 and led to the Nowruz Eid 1403. According to the order of the head of the judiciary, a joint committee with the government, in the presence of the Minister of Roads and Urban Development, reviewed the release of air ticket prices and decided that the Ministry of Roads and Urban Development Development Company requested the application of the provisions of Article 91 to revoke the court’s decision. It was decided to suspend the implementation of the decision until the application of Article 91 is reviewed.
A letter was sent to the Ministry of Roads and Urban Development to postpone the implementation of this decision due to the approaching Eid festival and increase in air travel.
The President of the Administrative Court stated: “After the expert group reviewed the matter and confirmed, based on the expert group’s opinion, that there is no reason to apply Article 91, the court’s decision is completely correct. In accordance with the law, this law should be implemented.”
He stressed that the indicators and standards for the performance of the court’s duties are based on the law, saying: If administrative personnel have any suggestions on the implementation of the law, or believe that there are problems with the law, they can be corrected through legal means in the past.
He added: More than six months have passed since the voting was suspended, so since legislators and others have not taken dedicated follow-up actions to amend the law, the effectiveness of the temporary order has been revoked in accordance with the law.
Hojjat-ul-Islam wal-Muslimeen Mozafari said that the making or repealing of any law will have certain consequences for the society, and the consequences are for the legislators, and said: In 2009, such provisions were made in the fifth development plan, and now the legislators must be responsible for their consequences. If the legislators have the intention to do otherwise, it is necessary to intervene in the issue and make new provisions for this issue.
He stressed: The courts have no duty to examine whether questions, requests and complaints are in accordance with the law, and beyond that, the courts have no duty to decide whether the implementation of the law is in the best interests of the state or not, because the law basically does not allow for this, and it is the duty of the legislator to intervene in the matter.
The President of the Administrative Court stressed that: According to Note 1(e) of the Civil Aviation Law, it has been determined that the Supreme Aviation Council has the power to determine the overall policy of civil aviation. Naturally, this committee can infringe on the rights of passengers by setting pricing standards to prevent abnormal increases in air tickets.
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