04.07.2023

On July 4, Baku hosted an international conference on the theme "Development of legislation through the application of constitutional norms," dedicated to the 25^th anniversary of the Constitutional Court of the Republic of Azerbaijan.

The conference was attended by heads and deputies of the Milli Majlis (Parliament) of the Republic of Azerbaijan, heads and employees of the Ministry of Justice, the Supreme Court, the Ministry of Internal Affairs, the General Prosecutor's Office, the Bar Association, Baku State University, the Commissioner for Human Rights (Ombudsman), as well as court chairmen and judges, well-known scientists, representatives of the legal community.

Delegations of the constitutional courts of Turkey, Kazakhstan, Uzbekistan, Russia, Albania, Belarus, Bulgaria, Georgia, Kyrgyzstan, Indonesia, Hungary, Serbia and Thailand also arrived in Baku to participate in the event.

At the beginning of the conference, the National Anthem of the Republic of Azerbaijan was played.

Declaring the international conference open, Chairman of the Constitutional Court of Azerbaijan Farhad Abdullayev read out a congratulatory message of the President of Azerbaijan Ilham Aliyev addressed to the participants of the international conference dedicated to the 25^th anniversary of the Constitutional Court.

Chairman Farhad Abdullayev expressed his deep gratitude and appreciation on behalf of the entire staff of the Constitutional Court and the conference participants to the President of the Republic of Azerbaijan, His Excellency Ilham Aliyev, for his congratulatory message. He stressed that the head of state Ilham Aliyev, as a guarantor of the independence of the judiciary, pays constant attention to the impartial, independent and transparent activities of judges and judicial bodies in general, their material and social security.

Then, Chairman Farhad Abdullayev welcomed the guests who participated in the Conference and noted that the 10^th of May this year marks the 100^th anniversary of the birth of the National Leader of the Azerbaijani people, the architect of the independent Azerbaijani state, the outstanding political and statesman Heydar Aliyev. The declaration by the Decree of the President of the Republic of Azerbaijan, the year of 2023 in the Republic of Azerbaijan as the "Year of Heydar Aliyev" on the occasion of the 100^th anniversary of the National Leader is the clearest example of eternal respect for the dear memory of the National Leader.

As one of the invaluable merits of Heydar Aliyev's ingenious personality before the Azerbaijani people and the state, Farhad Abdullayev noted the laying of the foundation for a successful state construction. It was noted that one of the most significant events in the framework of these reforms was the adoption on November 12, 1995, of the first Constitution of independent Azerbaijan by popular vote.

The Constitution of the Republic of Azerbaijan adopted through a national vote, opened wide opportunities for the creation in our country of a democratic, legal state, civil society, and the formation of the legal system in accordance with modern requirements.

It was emphasized that on July 14, 1998, in order to ensure the supremacy of the Constitution, which has declared the protection of human rights and freedoms as the supreme goal of the state, and to protect the human rights and freedoms stipulated in the Basic Law at a high level the Constitutional Court of the Republic of Azerbaijan was established.

It was noted that one of the most important goals of the Great Leader Heydar Aliyev's leadership and at the same time his greatest desire was the liberation of our historical lands from occupation and the restoration of the territorial integrity of native Azerbaijan. This desire and will of the National Leader were fulfilled by the worthy follower of his political course, the honorable President of the Republic of Azerbaijan, the Victorious Commander-in-Chief of the Armed Forces Mr. Ilham Aliyev and the brave Azerbaijani army under his leadership. As a result of the 44-day Karabakh war, the territorial integrity of our state was restored, and our flag was again proudly waved in our homeland - Shusha.

Farhad Abdullayev noted that ensuring the territorial integrity of Azerbaijan will always occupy an important place in the centuries-old history of our nation. Today, the process of restoration and reconstruction of territories liberated from occupation is carried out at a high level and quickly. The process of restoration and reconstruction is the most important and priority area facing the state, is constantly in the center of attention of the Head of State, Mr. İlham Aliyev.

It was especially emphasized that with the liberation of our occupied lands, the legal force of the Constitution of the Republic of Azerbaijan was restored on our lands liberated from occupation. Today, our citizens, who have been internally displaced from their countries for about 30 years, have the basis for fully ensuring a number of rights enshrined in the Basic Law, including such as free movement, choosing their place of residence, and safe living.

Speaking about the activities of the Constitutional Court, the chairman noted that the main authorities of the Constitutional Court are reflected in the Constitution. The Basic Law of the country acts as a fundamental legal basis for the activity of the Constitutional Court.

Therefore, the Constitutional Court, while carrying out its mission related to the protection of human rights and freedoms, is primarily guided by the provisions of the Constitution, the values and principles reflected therein. Namely the referring to the norms of the Basic Law ensures more effective and efficient protection of human rights and freedoms.

Chairman Farhad Abdullayev said that over the past 25 years, the Constitutional Court has adopted a total of 545 decisions and 160 rulings, and a large part of these decisions were related to the implementation of human rights and freedoms. Important legal positions aimed at ensuring the supremacy of the Constitution were reflected in those decisions and rulings that contributed to legal state building.

It was noted that the Court has constantly improved its activity on the protection of rights and freedoms and tried to apply international experience, including the case-law of the European Court of Human Rights, as well as the Convention on the Protection of Human Rights and Fundamental Freedoms and its Protocols.

At the same time, since the beginning of its activity, the Constitutional Court has attached particular importance to the expansion of relations with the constitutional review bodies of foreign countries, as well as with international organizations.

Following that, First Deputy Chairman of the Milli Majlis (Parliament) of the Republic of Azerbaijan Ali Huseynli, Minister of Justice Fikret Mammadov, Chairman of the Supreme Court Inam Karimov, Commissioner for Human Rights (Ombudsman) Sabina Aliyeva, Deputy Prosecutor General Heydar Mammadov and Chairman of the Bar Association Anar Bagirov made congratulatory speeches.

Then participants of Conference made reports on topics: Mr. Zühtü Arslan, President of the Constitutional Court of the Republic of Türkiye - “Individual Application: Recent Developments in Türkiye”, Mrs. Snežana Marković, President of the Constitutional Court of the Republic of Serbia - “The role of Constitutional Court in protection of the basic constitutional principles”, Mrs. Elvira Azimova, Chairman of the Constitutional Court of the Republic of Kazakhstan - “The efficiency of constitutional review over compliance with obligations related to the rule of law and protection of human rights”, Mrs. Holta Zaçaj, President of the Constitutional Court of the Republic of Albania - “Constitutional Court of Albania in the light of Judicial Reform and Constitutional Amendments - lesson learned”, Mrs. Pavlina Panova, President of the Constitutional Court of the Republic of Bulgaria - “Balancing Tradition and Progress”, Mr. Emil Oskonbaev, Chairman of the Constitutional Court of the Kyrgyz Republic - “The influence of judicial activism of the constitutional review body on the progression of legislation”, Mr. Anwar Usman, Chief Justice of the Constitutional Court of the Republic of Indonesia - “The role of human rights and the rule of law in fostering legislation development in Indonesia”, Mr. Mirza Ulugbek Abdusalomov, Chairman of the Constitutional Court of the Republic of Uzbekistan - “Constitutional reform and a new phase in the progression of constitutional review in Uzbekistan”,  Ms. Alla Bodak, Judge of the Constitutional Court of the Republic of Belarus - “Constitutional review: constitutionalisation of legislation”, Mr. Gadis Gadzhiev, Judge of the Constitutional Court of the Russian Federation - “Participation of Constitutional Court in formation of the constitutional foundations of the legislation of Russian Federation”, Mr. Rovshan Ismaylov, Judge of the Constitutional Court of the Republic of Azerbaijan - “Interpretation of laws in correspondence with Constitution in the practice of constitutional review bodies”, Mr. Alish Gasimov, Head of the Labour and Environmental Law Chair of Baku State University - “Legal regulation of labour vacations: existing gaps and their elimination by means of interpretation of constitutional norms”.

After the presented reports, there were discussions and extensive exchange of ideas.

At the end of the event, Chairman Farhad Abdullayev delivered his closing speech and said that an effective exchange of views was achieved by touching on various topical issues during the conference.

It was noted that at today's conference, where countries with different legal systems shared their experiences, interesting discussions were held, various areas of constitutional law, especially the legal positions formed in the decisions of the Constitutional Court and the elimination of gaps in legislation through the application of constitutional norms, and interesting ideas were expressed about its development.

The Chairman particularly emphasized that the fact that the head of state, Mr. Ilham Aliyev, is the guarantor of the independence of the judicial power always enables the independent and transparent functioning of the courts and the adoption of decisions in an impartial manner. In turn, the Constitutional Court has always felt the support of the Great Leader Heydar Aliyev, and today, the Honorable Mr. President, during its functioning. This support, of course, is proud, but at the same time, it means a great responsibility. The staff of the Constitutional Court always tries to properly fulfil this responsible mission.

With that, the international conference dedicated to the 25^th anniversary of the Constitutional Court of the Republic of Azerbaijan on "Development of legislation through the application of constitutional norms" was completed.