CONSTITUTIONAL COURT OF THE REPUBLIC OF AZERBAIJAN

General information

The Constitutional Court of Azerbaijan is the chief constitutional juridical body on matters under the authority allocated to it by the Constitution of Republic of Azerbaijan. The Constitutional Court does not depend on other legislative, executive and other juridical, municipal organs, the individuals and the legal enterprises for its organisational, financial and other peculiarities. The purposes of the Constitutional Court are to provide the supremacy of the Constitution of the Republic of Azerbaijan and to protect the rights and the freedoms of everyone.

The legal basis of the activity of the Constitutional Court are the Constitution of the Republic of Azerbaijan adopted on 12th of November 1995(with amendments and alternations after the referendum in 24th August, 2002), the International Contracts supported by Azerbaijan, the Law of the Republic of Azerbaijan "About the Constitutional Court" from December 23, 2003, other laws and the Internal Statute of the court.

The articles 86, 88, 102, 103, 104, 107, 130, 153 and 154 of the Constitution suppose the principles of formation and activity of the Constitutional Court. The activity of the Constitutional Court is based on the principles of the supremacy, independence, collegiality and evidence of the Constitution of the Republic of Azerbaijan.

The Constitutional Court of the Republic of Azerbaijan is composed of 9 judges appointed by Milli Mejlis of the Republic of Azerbaijan on the presentation of the President of the Republic of Azerbaijan. The Constitutional Court is considered authorised with the participation of 7 judges. The judges are appointed for 15-year period and after the expiration of the mentioned period they have no right to be elected to the same position for the second time. According to part 1 of the article # 127 of the Constitution of the Republic of Azerbaijan the judges of the Constitutional Court are free in implementation of their responsibilities. The freedom of their activity is limited only on by the Constitution and the law of the Republic of Azerbaijan "About the Constitutional Court" and they couldn't be replaced in the period of their competence. The chair and the deputy of the Constitutional Court are appointed by the President of the Republic of Azerbaijan.

The Constitutional Court controls the coincidence of the laws and other normative legal acts, municipal acts and acts of court to the Constitution of the Republic of Azerbaijan and more powerful normative legal acts that comprise the higher level of the legislative hierarchy. It comments the Constitution and the laws of the Republic of Azerbaijan on the interrogation of the President of the Republic of Azerbaijan, Milli Mejlis of the Republic of Azerbaijan, the Cabinet of the Ministers of the Republic of Azerbaijan, the Supreme Court the Republic of Azerbaijan, the Office of the Public Prosecutor of the Republic of Azerbaijan and the Supreme Meeting of the Autonomous Republic of Nakhchivan and the application of the general courts.

Following subjects have right to apply the Constitutional Court with the interrogation, appeal or complaint According to the constitution:

The President of the Republic of Azerbaijan;
Milli Mejlis of the Republic of Azerbaijan;
the Cabinet of the Ministers of the Republic of Azerbaijan;
the Supreme Court the Republic of Azerbaijan;
the Office of the Public Prosecutor of the Republic of Azerbaijan;
the Supreme Meeting of the Autonomous Republic of Nakhchivan;
courts;
individuals and legal enterprises;
the authorised on Human Rights in the Republic of Azerbaijan(Ombudsman).

According to article 34.1 of the Law of the Republic of Azerbaijan "About the Constitutional Court", everyone ahs right to make complaint to the Constitutional Court of the normative legal acts, municipal and juridical acts of the legislative and executive organs violating their rights for re-establishment of its rights and freedoms. The constitutional court views the personal complaints in the following cases: non-application of applicable normative legal act by the court, application of non-applicable normative legal act by the court and wrong explanation of normative legal act by the court. Those complaints to be presented within six months since the day of the effectiveness of the decision of the final court instance after the full usage of the right of complaint on the act of the court. In the case of violation of the right of appeal to the court, the complaint should be presented within three months of the violation day. In accordance with the article 34.5 of the Law of the Republic of Azerbaijan 'About Constitutional Court', if it is impossible to prevent by other courts the hard and irreparable damage caused in the result of violation of rights and freedoms, the complaint might be addressed directly to the Constitutional Court.

In the case of violation of human rights and freedoms by the effective legislative acts, normative acts of the executive organs, municipal or acts of the court the authorised on Human Rights may interrogate the Constitutional Court as determined by the legislation.

The Constitutional Court views the affairs in the meetings of the Houses and the Plenums and adopts the decisions within its authorities. If the judge of the Constitutional Court is dissatisfied with the descriptive and grounding or summarising part of the decision by the Constitutional Court, written reference might be composed.

To follow the decision of the Constitutional Court of the Republic of Azerbaijan is obligatory in the territory of the Republic of Azerbaijan. Decisions of the constitutional court are resolute, they could not be liquidated, changed or officially interpreted. The decisions of the Plenum of the Constitutional Court are issued in the official state newspapers.

The history of the Constitutional Court

According to the presentation of the President of the Republic of Azerbaijan Milli Mejlis of the Republic of Azerbaijan appointed 7 judges f the constitutional Court by its decision # 522-IQR "About the appointment of the judges of the Constitutional Court" dated July 14, 1998. Necessary problems for beginning of the activity of the Constitutional Court found their solution in accordance with the decree of the Pr4esident of Republic of Azerbaijan from July 18 1998.

The Decree of the President of the Republic of Azerbaijan

About support of the activity of the Constitutional Court of the Republic of Azerbaijan

With the purpose to provide the independence and legal status of the judges of the Constitutional Court of the Republic of Azerbaijan-the supreme organ of constitutional judgement established in the territory of the Republic of Azerbaijan I decide:

1. To charge the Cabinet of the Minister of the Republic of Azerbaijan:

For the activity of the Constitutional Court of the Republic of Azerbaijan, within two months to provide it with residence, the attributes of the court government, special clothes of the judges, special equipment, communication(as well as all kinds of the government communication), transportation and other necessary organisational-technical equipment in appropriate with its high status;

According to the article #92 of the Law of the Republic of Azerbaijan 'About the Constitutional Court of the Republic of Azerbaijan', for payment of the expenditures relating with the implementation of his\her duties, to allocate each judge of the Constitutional Court of the Republic of Azerbaijan money in the amount of 210 000 manats free from the tax;

On preparation of the state budget of the Republic of Azerbaijan to adopt separate article that supposes definite financial-credit means for financial and material-technical support of the Constitutional Court of the Republic of Azerbaijan;

Within the frames of its authorities to solve the matters on the Law of the Republic of Azerbaijan "About Constitutional Law".

2. To charge the city administration of Baku to provide the judge of the Constitutional Court of the Republic of Azerbaijan, with hard conditions of life, with flat or to perfect his interior.

3. To determine for the judges of Constitutional Court of the Republic of Azerbaijan free usage of railway, air and automobile transportation (except the taxi) and the halls for the official representatives at the railway stations and airports within the borderlines of the Republic of Azerbaijan .

4. The Decree is effective from the date of signature.

The president of the Republic of Azerbaijan
Heydar Aliyev
Baku, July 18, 1998
# 739

International relations

Since the day of its establishment the Constitutional Court of the Republic of Azerbaijan pays particular attention to strengthening and widening of the international relations, the relations with the Constitutional Courts of foreign countries, the CE, the OSCE, American Lawyers Association (АБА-ЖЕЕЛИ), the Society of the Technical Cooperation of Germany (GTZ) and other great organisations.

With the invitation of the Constitutional Court of the Republic of Azerbaijan the organs of the constitutional control from Russian Federation, Federative Republic of Germany, the USA, the Kingdom of Belgium, the Chzech Republic, the Republic of Slovakia, the Republic of Hungary, the Republic of Slovenia, the Republic of Turkey, the Kingdom of Norway, the Kingdom of Spain, the Republic of Ukraine, the Republic of Georgia, the Republic of Moldova, the Republic of Lithuania, the Republic of Latvia, the Republic of Kyrgyzstan and other countries, also the judges and the employers of the European Court on Human Rights paid official visit to Azerbaijan.

The Constitutional Court of the Republic of Azerbaijan constantly holds the international seminars and conferences on constitutional discussions, protection of human rights and freedoms, the establishment of the democratic state and other modern legal matters. With the invitation of the Constitutional Courts of foreign countries and the international organisations the chair, the judges and the employers of the Constitutional Court made official visits to the USA, Russia, France, Italy, Germany, Turkey, Slovakia, Czechia, Poland, Spain, Belgium, Romania, Albania, Moldova, Ukraine, Cyprus, India and the Southern Korea. The Constitutional Court uses the experience of the international law and foreign court practise, constantly studies the international contracts supported by the Republic of Azerbaijan and the decisions of the European organs on constitutional control and European Court on Human Rights. If there is a need to use the experience of foreign countries for clarification of any legal problem the Apparatus of the Constitutional Court has opportunity in a short time to get the information and reference by means of operative communication determined by Venice Commission of the CE for the European Constitutional Courts. The decisions the European Constitutional Courts and the Constitutional Court of the Republic of Azerbaijan publish in English and French in the bullets three times a year issued for the European Constitutional Courts by Venice Commission. The experts of the Commission gave their reference to the projects of new Law "About Constitutional Court" and the Internal Statue of the Court. The employers of the Constitutional Court participated at trainings with the participation of the Venice Commission, the OSCE and the representation of GTZ in Baku.

The Constitutional Court of the Republic of Azerbaijan elected competent member of the Organisation on the Conference of the European Constitutional Courts in 2000.

The address

Address of the Constitutional Court: Genjler Meydani (the Square of Youth), Baku, Azerbaijan,

AZ-1005;
Phone: (994 12) 492-88-41; (994 12) 492-42-19;
Fax: (994 12) 492-97-66; (994 12) 492-86-41;
E-mail: inter.dept@constitutional-court-az.org
Web site: www.constitutional-court-az.org
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