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Adoption of the Law on the Constitutional Court

The Constitutional Court of the Republic of Azerbaijan is the supreme body of constitutional justice on the matters attributed to its jurisdiction by the Constitution of the Republic of Azerbaijan. The Constitutional Court is an independent state body that does not depend in its organizational, financial, or any other form of activity on any legislative, executive, and other judicial bodies, local self-government bodies, or legal and physical persons.  The basic objectives of the Constitutional Court are ensuring the supremacy of the Constitution of the Republic of Azerbaijan and the protection of individual’s fundamental rights and freedoms.

The Constitutional Court of the Republic of Azerbaijan was established following the adoption of the new Constitution of independent Azerbaijan on November 12, 1995, by a national referendum. Articles 86, 88, 102, 103, 104, 107, 130, 153, and 154 of the Constitution regulate the issues of the Court’s formation and functioning. Article 130 of the Constitution focuses exclusively on the authorities and functions of the Constitutional Court of the Republic of Azerbaijan. According to Article 130.1 of the Constitution of the Republic of Azerbaijan, the Constitutional Court shall comprise 9 judges. According to the same Article of the Constitution, the judges of the Constitutional Court shall be appointed by the Milli Majlis of the Republic of Azerbaijan upon recommendation of the President of the Republic. The Constitutional Court may commence the implementation of its powers upon not less than 7 judges appointed. The judges are appointed for 15 years. After the expiration of his/her term of office, a judge of the Constitutional Court may not be re-appointed to the same post. Court’s Chairman and Deputy Chairman shall be appointed by the President of the Republic of Azerbaijan.

After the Constitution of the Republic of Azerbaijan was adopted, the Law of the Republic of Azerbaijan "On the Constitutional Court" was enacted on October 21, 1997. The Constitutional Court officially began its operations following the appointment of its judges by the Milli Majlis of the Republic of Azerbaijan on July 14, 1998, and the Decree issued by National Leader Heydar Aliyev on July 18 of the same year, which aimed to establish the independence of the Court and the legal status of its judges. Amendments to the Basic Law were made through a referendum on August 24, 2002, initiated directly by National Leader Heydar Aliyev, allowing for the addition of parts V, VI, and VII to Article 130, which outlines the fundamental powers of the Constitutional Court. Consequently, the range of subjects entitled to apply to the constitutional justice body has been expanded. The amendments granted the Human Rights Commissioner (Ombudsman) of the Republic of Azerbaijan, courts, and any individual the right, to apply directly to the Constitutional Court. On December 23, 2003, a new Law "On the Constitutional Court" was enacted, further extending the powers of the Constitutional Court. 

The Constitutional Court shall verify the compliance of laws, resolutions, and other regulatory acts with the Republic of Azerbaijan’s Constitution and laws.  The Constitutional Court shall interpret the Constitution and laws of the Republic of Azerbaijan based on the requests from the President of the Republic of Azerbaijan, the Milli Majlis of the Republic of Azerbaijan, the Cabinet of Ministers of the Republic of Azerbaijan, the Supreme Court of the Republic of Azerbaijan, the Prosecutor's Office of the Republic of Azerbaijan, and the Ali Majlis of the Nakhchivan Autonomous Republic and the appeals of general courts.

The legal basis for the activity of the Constitutional Court is the Constitution of the Republic of Azerbaijan, interstate agreements that the Azerbaijan Republic is a party to, the Law of the Republic of Azerbaijan "On the Constitutional Court", other laws of the Republic of Azerbaijan and the Rules of Procedure of the Constitutional Court. The functioning of the Constitutional Court shall be based on the principle of supremacy of the Constitution of the Republic of Azerbaijan as well as principles of independence, collegiality, and publicity.

Since its inception, the Constitutional Court has closely worked with constitutional review bodies in other countries and several international organizations with a strong focus on enhancing international relations. At present, the Constitutional Court is a full member of the Joint Council on Constitutional Justice of the Venice Commission of the Council of Europe, the Conference of European Constitutional Courts, the World Conference on Constitutional Justice, the Association of Asian Constitutional Courts and Equivalent Institutions, the Eurasian Association of Constitutional Review Bodies, the Conference of Constitutional Jurisdictions of the Islamic World, the Conference of Constitutional Jurisdictions of the Turkic World.

The Constitutional Court participates annually in prestigious events organized by the constitutional review bodies of various countries and international organizations, in the framework of international judicial and legal co-operation.

The Constitutional Court of the Republic of Azerbaijan remains committed to upholding the supremacy of the Constitution and effectively safeguarding human rights and freedoms.

 

Recommended literature:

  1. Abdullayev, Fərhad Sahib oğlu. Azərbaycan Respublikasında Konstitusiya icraatının nəzəri və praktiki problemləri : monoqrafiya / F. S. Abdullayev ; elmi red. M. F. Məlikova. - Bakı: Elm, 2009. - 396 s.
  2. Heydər Əliyev və müstəqil Azərbaycanın ilk Konstitusiyası / tərt.: Q. Əliyeva, G. Hacızadə, red., ön sözün müəl. S. C. Həsənova. - Bakı : Azərbaycan nəşriyyatı, 2011. - 304 s.
  3. Azərbaycan Respublikası Konstitusiya Məhkəməsi = The Constitutional Court of the Republic of Azerbaijan = Конституционный суд Азербайджанской Республики. - Bakı: n. y., 2015. - 48 s.
  4. Гараджаев, Джейхун. Конституционный суд Азербайджанской Республики: теория и практика: монография /Дж. Гараджаев ; М-во Образования и Науки Украины, Национальный Ун-т "Одесская Юридическая Академия". - Одесса: Гельветика, 2016. - 399 с.