CONSTITUTIONAL COURT OF AZERBAJAN REPUBLIC’S PLACE IN THE SYSTEM OF THE STATE BODIES REFORM: THE EU COURT LESSONS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
The author formulates a proposal to transfer such a power of the Constitutional Court of the Republic of Azerbaijan, as the interpretation of laws and other regulations, to the Supreme Court of Azerbaijan Republic. This will give the opportunity to «unload» the Constitutional Court of Azerbaijan Republic to the fact that it will pay more attention to the implementation of other powers, especially the interpretation of the Basic Law norms and to the constitutional complaints. The author argues that in order to make the protection of the human rights in the country more effective, the experience of the European Court of Justice can be used. Firstly, a lot of attention should be paid to the relationships between the European Court of Justice and the European Court of Human Rights. Secondly, the competence of the European Court of Justice is constantly changing, and the new judicial bodies of the European Union appear – to «unload» the European Court of Justice. However, the existence of other judicial bodies in Azerbaijan makes it possible not to consider the creation of new bodies, but to transmit the power to the official interpretation of laws and other acts to the existing and successfully functioning Supreme Court of Azerbaijan, leaving to the Constitutional Court only official interpretation of the Basic Law. Therefore, the author argues the feasibility of removing the Constitutional Court of Azerbaijan from the judiciary so that it will exist as an autonomous and independent body, not belonging to any branch of the government. The article is a logical continuation of the author’s publication in the previous issue of this magazine.
Authors and Affiliations
Д. Я. Гараджаев
Keywords
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