‎“Performance audit or financial evaluation of managers, ‎performance results” The philosophy of the functions of the ‎Court of Accounts of Iran from the perspective of a similar ‎supervisory body in France

Document Type : Research Paper

Authors

1 Department of Public Law, Faculty of Law and Social Sciences, University of Tabriz, Iran.‎

2 Department of Public Law, Faculty of Law and Social Sciences, University of Tabriz, Iran‎

Abstract

Conducting performance audit and upgrading the cost accounting system of government services are two approaches derived from the standards and financial system of the international community, which have been around a decade since their introduction and the legal requirements of their implementation by the executive bodies and especially the supervisory body of the Court of Accounts in the country. passed, but this implementation in the real world has failed so far. However, looking at the functions of the supervisory body similar to the French, which is basically at the service of a government system that considers rule of law and trust in all its activities as basic values, dealing with these legal matters does not face major challenges. It is an issue worthy of attention, the cause and why of which is the content of the conducted research. Therefore, in this research, the sources of which have been collected in a library method and subjected to a descriptive - analytical examination, an attempt is made to find out the cause of the issue from the perspective of public law and with a relatively deeper look at the intellectual-philosophical foundations of these approaches in the legal system. Ruler of the government and supervisory body of origin in France. The results show that what is carried out by the executive bodies and the Court of Auditors in France is part of a complex and chain system of fundamental principles and concepts and historical traditions of highly centralized administrative management and the culture of the legal state strengthened by It is the Napoleon era that can still be applied at the level of government governance, and due to this administrative culture, national accounting has adopted more or less different solutions from extraterritorial standard-setting institutions. But in our country, intellectual reflections on public law have not yet created a specific legal system that matches the administrative-financial needs of Iranian society. For this reason, the implementation of the discussed approaches, which happen to be in an eclectic order of the western legal and financial tradition, cannot help the two categories of “being in place” and “being efficient” in the supervision of the treasury.

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References

  1. Ansari, Wali Elah (2013). Generalities of administrative law, 10th edition, Tehran: Mizan publication (In Persian).
  2. Ayubi, Hojjat-Ala (2012). "Two centuries of conflict between the government and parliament in France", International Relations Studies Quarterly, No. 21 (In Persian).
  3. Cf: Bon (P), (2007). Louis Favoreu et l'exception d'inconstitutionnalité, Dits et écrits à propos de Louis Favoreu, Puam.
  4. Department of the Auditor General of Pakistan (1993). Performance Audit Guidelines, Book 1, Introduction on Performance Audit, Annex 2, Performance Auditing: a Tool for Accountability and An Assistance to Management. 
  5. Ghazi, Abulfazl (2004). Fundamental rights and political institutions, 12th edition, Tehran: Mezan publishing house (In Persian).
  6. B, (2006). Accounting standards and accrual accounting: the new challenges of the financial reporting system of the European Commission, in S. Zambon (ed.), I principi contabili per le amministrazioni pubbliche, Franco Angeli, Milan.
  7. Hauriou, Maurice (1896). La science sociale traditionnelle, Larose, Paris.
  8. Hauriou, Maurice (1910). Principes de droit public, Paris: Dalloz, (2010).
  9. IFAC - PSC, The modernization of government accounting in France: the current situation, the issues, the outlook, series Occasional papers (2003). n. 6, IFAC, New York.
  10. Khushtaint, Mohsen (2003). "International Financial Reporting (Accounting and Financial Reporting System in France)", Auditor Magazine, No. 21 (In Persian).
  11. Legrand, Andre, Vine, Celine (2018). Public law, first volume: French constitutional law, translator: Ruholah Mozni, Tehran: Majd publishing house (In Persian).
  12. Mélin-Soucramanien (F.), (1997). Le principe d'égalité dans la jurisprudence du Conseil constitutionnel, Economica - Puam, coll. «Droit public positif», Paris.
  13. Mulaee, Ayat, Bande Ali, Farshid (2019). Researching the nature of non-governmental public institutions, challenges and needs, "Majlis and Strategy Quarterly", No. 17 (In Persian).
  14. Nikkhah Azad, Ali (1998). "Explaining the position of operational audit in strategic management", Auditor Quarterly No. 6 (In Persian).
  15. Perelman (C.), (1984). Les notions à contenu variable en droit, essai de synthèse, Le raisonnable et le déraisonnable en droit – Au-delà du positivisme juridique, L.G.D.J.,
  16. Rahimian, Nizamuddin (2003). "Operational auditing: a tool to answer and help management", Auditor's Quarterly, No. 20 (In Persian).
  17. Report of the operational audit and management committee affiliated with the American Association of Certified Public Accountants (AICPA) (2016). "Operational Audit of Efficiency, Effectiveness, Economic Efficiency", Translator: Mohammad Javad Safar, Audit Organization, Publication 112 (In Persian).
  18. Shafiei-Sardasht, Jafar, colleagues (2015). "Uncontrollable acts of the government in Iran's legal system", Judicial Law Journal, No. 96 (In Persian).
  19. Tocqueville (A. de), (1981). De la démocratie en Amérique, Tome II, Garnier – Flammarion.
  20. Wendell Holmes, Oliver (1927). Cette formule a été utilisée pour la première fois par le juge à la Cour suprême des États- Unis, dans l'arrêt Buck vs. Bell de (U.S. 200, 47 S. Ct., 584).
  21. Westen (P.), (1982). The empty idea of equality, Harvard law review, vol. 95.
Comparative Law Review
Volume 14, Issue 1
Spring & Summer 2023
July 2023
Pages 513-538

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