Decisions of European Court of Human Rights in the legal system of Azerbaijan Republic
Journal Title: Юридические науки и образование - Year 2019, Vol 59, Issue 59
Abstract
Protection the rights and freedoms of a man stipulated in the Convention and its Protocols is a goal of European Court’s activity, it is corresponded with the final aim and tasks of the Azerbaijani court proceedings, since social and legal values that are protected by the European Court and the Azerbaijani justice system are the general ones. It gives the ground to assert that currently in the Azerbaijani judicial system has been formed a sufficient legal basis for application of the norms of the Convention and decisions of European Court of Human Rights. Recognition of the jurisdiction of European Court, the binding nature of its decisions, as well as the systematic monitoring for implementation by the Committee of Ministers of the Council of Europe, lie at the basis of the whole Convention’s mechanism and include the main distinction of this treaty from other international legal acts. It seems that significance of European Court’s decisions goes beyond the national bounds, affecting the law and law enforcement practice of other states. The case law of such decisions comes off the circumstance that the interpretation of an international treaty by a body whose jurisdiction is recognized by the member states is an integral element of the legal content of the treaty rules, which cannot be used separately and moreover contrary to this interpretation. The domestic aspect of a binding nature of European Court’s decisions is enshrined in the sources of the law of the States parties to the Convention.
Authors and Affiliations
Sevinj Ismailova
Keywords
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- EP ID EP595224
- DOI 10.25108/2304-1730-1749.iolr.2019.59.114-126
- Views 88
- Downloads 0
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