The Islamic Revolution Approach

The Islamic Revolution Approach

Analyzing the performance of the local council in the framework of urban law(Case study of fight against corruption and rent)

Document Type : Original Article

Authors
1 PhD student of public law, Semnan Branch, Islamic Azad University, Semnan, Iran
2 Assistant Professor of Public Law, Chalous Branch, Islamic Azad University, Chalous, Iran
3 Assistant Professor of Law Department, Qaimshahr Branch, Islamic Azad University, Qaimshahr, Iran
Abstract
Introduction
Local councils are among the oldest institutions in local governance worldwide. As the world accelerates toward becoming more systematized, the existence of such institutions is essential for the progress and development of societies. Therefore, the presence of such bodies in the legal system of any country can be seen as a mechanism for establishing and enhancing democracy worldwide. According to the law on councils, no authority has been granted to this urban parliament, except for managing the municipality, which is limited to minimal urban domains. Moreover, although the election of councils is foreseen by law, it contains fundamental flaws. In each term, councils across the country have faced dissolution due to widespread violations. This issue raises concerns regarding the supervision of councils and warrants further investigation and critique. In this regard, the main issues surrounding councils that fall within the scope of this paper are: (A) legal solutions, (B) council performance, and (C) urban law. Conducting this research may help avoid trial and error in addressing these issues.
Research Methodology
The research methodology of this study is descriptive-analytical. This research is typically conducted in a library-based and theoretical format, with information gathered through tools such as note-taking, tables, etc. It is also classified as qualitative research. In this type of research, documents, records, writings, and works serve as data sources, and through their collection, classification, evaluation, comparison, and analysis, the researcher can uncover unknown aspects and evaluate the proposed hypothesis. The information collection method, given the nature of the research, is library-based. Therefore, the required data for the research will be collected by referring to library sources, including books, scientific-research articles, available journals, documents, and publications.
Research Findings
Strategies for Preventing Corruption in Councils and Municipalities
Reforming the Municipal Structure
According to the strategic document on combating corruption in municipalities, outdated laws, a defective organizational culture, and the organizational structure are among the most critical bottlenecks for corruption in municipalities. Reforming the municipal structure is one of the ways to fight corruption. Strengthening the position of the city council and restructuring the governance model as one of the anti-corruption strategies can be considered for improving the structure of municipalities. Streamlining the municipality, reforming processes, improving methods, and systematizing them, establishing uniform procedures, and implementing unified urban management can be regarded as crucial components of the overarching administrative and managerial structural reforms.
Cultural Strategies
Cultural strategies are another way to reduce corruption in municipalities. Training personnel and managers is among the most critical activities in this area. Although Tehran Municipality has made efforts in this regard, organizing several anti-corruption training courses for its employees, more can be done. Familiarizing citizens with their rights, understanding corruption and its manifestations, and learning about reporting methods can lead to cultural shifts that reduce corruption and promote health in municipal affairs.
One of the globally tested and effective strategies is e-government. Naturally, the more we move towards electronicizing transactions and financial matters, and replacing face-to-face interactions between municipal employees and clients or contractors with electronic systems, the more corruption will be reduced. Some experts also believe that the laws governing municipalities facilitate corruption. Therefore, a thorough review of municipal laws is required to identify which sections of the law are problematic. Since the inception of the "baladieh" system, municipalities have had numerous regulations across various domains, all of which need to be scrutinized.
Clarifying Laws
Some experts argue that municipal laws and regulations are often ambiguous. These ambiguities must be resolved. Another issue is the complexity of the laws, with numerous abrogated and conflicting provisions. There is an overwhelming number of laws, and anyone can exploit these laws to solve problems at their discretion. In short, the municipality suffers from a multiplicity of laws and regulations, which requires serious and thorough expert analysis.
Conclusion
Urban management, particularly at the local level, embodied in councils and municipalities, which are the first link in the chain of urban management and interact directly with citizens, is inherently entangled with the issue of rent-seeking. This can be observed in various dimensions, and its outcomes predominantly have adverse effects on the city, urban space, and urban life. With the passing of the municipal self-sufficiency law, without considering alternative sources of government aid, this public institution faced two options for compensating its costs: imposing taxes and fees or granting rent-seeking permits for land and urban activities. To promote transparency in council laws, expand the responsibilities of councils to include executive and managerial roles, enhance the tradition of democracy and participatory engagement within society, provide legal and regulatory frameworks to encourage public participation, shift the government and state organizations' roles from ruling to facilitating and supervising in the process of urban planning and management, implement integrated urban management, and establish councils as independent bodies, the following are essential recommendations.
Keywords

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