تأملی بر جایگاه، فعالیت و وضعیت شورای عالی هواپیمایی کشوری در نظام حقوقی ایران

The High Council of Civil Aviation (the HCCA) is considered one of the oldest and most important associative institutions in governance of the civil aviation industry of Iran. This article has attempted to reach a good recognition and analysis of the Council. This aim has been realized through considering the history of the HCCA in terms of its constitution and developments, a critique of the functioning and situation of the HCCA, as well as, discussing about the possible approaches to the existence and the future of the HCCA. The fundamental conclusion of the present analysis and recognition, demonstrates that two propositions concerning the existence of HCCA and its future, could be set up, based on the insufficiencies and difficulties which the HCCA encounters nowadays and also other existing laws and regulations. First, the necessity of continuance of Council’s existence (reinforcement and rehabilitation of the Council) and the second, the necessity of abolishment and annulment of the Council. Both of them are supported by the special arguments and documents but it seems that the first proposition avail itself of more authority and reputation compared to the second proposition. Additionally, if we are taking into consideration the historical background of the Council and the philosophy of constitution behind the “High Council of Aviation” as the predecessor of “HCCA”, that would aid the Iranian aviation industry significantly so that decides positively in respect of the reinforcement or rehabilitation of the Council and conversely, its abolishment.