The Constitutional Court
ABOUT THE CONSTITUTIONAL COURT
The Constitutional Court of Azerbaijan Republic is the supreme body of constitutional justice on the matters attributed to its jurisdiction by the Constitution of the Republic of Azerbaijan. Constitutional Court is an independent state body and 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 as well as legal and physical persons. Basic objectives of the Constitutional Court are the ensuring of the supremacy of the Constitution of Azerbaijan Republic and protection of individual’s fundamental rights and freedoms.
The Сonstitutional Сourt was set up on 14 July 1998. The legal basis for the activity of the Constitutional Court is the Constitution of Azerbaijan Republic adopted on 12 November 1995 (with modifications introduced as a result of referendum held on 24 August 2002), interstate agreements that Azerbaijan Republic is a party to, Law “On Constitutional Court” adopted on 23 December 2003, other laws and the Rules of Procedure of the Constitutional Court.
Articles 86, 88, 102, 103, 104, 107, 130, 153 and 154 of the Constitution regulate the issues of Court’s formation and functioning. The functioning of the Constitutional Court shall be based on the principle of supremacy of the Constitution of Azerbaijan Republic as well as principles of independence, collegiality and publicity.
According to Article 130.1 of the Constitution of Azerbaijan Republic Constitutional Court shall be composed of 9 judges. According to the same Article of Constitution the judges of Constitutional Court shall be appointed by the Milli Majlis of Azerbaijan Republic upon recommendation of the President of the Republic. Constitutional Court may commence the implementation of its powers upon appointment of not less than 7 judges. The judges are appointed for a period of 15 years. After expiration of his/her term of office a judge of the Constitutional Court may not be re-appointed to the same post. President and Deputy President of Court shall be appointed by the President of Azerbaijan Republic.
The Constitutional Court adopts decisions on correspondence of laws, decrees and other normative legal acts to the Constitution and laws of Azerbaijan Republic. Constitutional Court of Azerbaijan Republic gives interpretation of the Constitution and laws of Azerbaijan Republic based on petitions of the President of Azerbaijan Republic, Milli Majlis of Azerbaijan Republic, Cabinet of Ministers of Azerbaijan Republic, Supreme Court of Azerbaijan Republic, Prosecutor’s Office of Azerbaijan Republic and Ali Majlis of Nakhchivan Autonomous Republic.
According to the Constitution the following entities may apply to Constitutional Court: President of Azerbaijan Republic; Milli Majlis of Azerbaijan Republic (Parliament); Cabinet of Ministers of Azerbaijan Republic; Supreme Court of Azerbaijan Republic; Prosecutor’s Office of Azerbaijan Republic; Ali Majlis of Nakhichevan Autonomous Republic; Courts; Citizens; Ombudsman. According to Article 34.1 of the Law “On Constitutional Court” of Azerbaijan Republic any person who alleges that his/her rights and freedoms have been violated by the normative legal act of the Legislative and Executive, the acts adopted by municipality or a court may submit a complaint to Constitutional Court in order to restore his/her human rights and freedoms. Constitutional Court can examine individual complaints in following cases: if the normative legal act which should have been applied was not applied by a court; if normative legal act which should not have been applied was applied by a court; if normative legal act was not properly interpreted by a court. Complaints can be submitted to Constitutional Court after exhaustion of all remedies within six months from the date of entrance of the decision of the court of last instance into force or within three months from the date of violation of complainant’s right to apply to court.
In accordance with the procedure specified in the legislation of Azerbaijan Republic the Ombudsman of Azerbaijan Republic shall apply to the Constitutional Court in cases where the rights and freedoms of a person had been violated by legislative acts in force, normative acts of executive power, the acts adopted by municipality or a court.
Constitutional Court shall examine the cases at the sessions of Chambers and Plenum. Decisions of the Constitutional Court are final and cannot be cancelled, changed or officially interpreted by any body or official.
The Staff of the Constitutional Court carry out its activity according to the Statute of the Staff of the Constitutional Court approved by the President of the Constitutional Court. The following entities are functioning within the Staff of Constitutional Court: Constitutional Law Department, Department for Human Rights and Public Relations; Administrative and Criminal Law Department; International Relations Department; Civil Law Department; International Law Department; Department for Reception of Citizens and Complaints; General Department; Sector for Supervision for Execution of Court Decisions; Sector for Organization of Court Sessions; Sector for Systematization of Legislation; Assistants and Advisors to President and Judges. The current supervision of staff is implemented by Head of Staff and his/her Deputy. Assistants to President, International Relations Department and General Department are subordinated directly to President.
Besides, the material technical, financial and economical maintenance is realized by Logistics Department.