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. 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 the Republic of Azerbaijan and protection of individual’s fundamental rights and freedoms.

The Constitutional Court was set up on 14 July 1998. The legal basis for the activity of the Constitutional Court is the Constitution of the Republic of Azerbaijan 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 the Republic of Azerbaijan as well as principles of independence, collegiality and publicity.

According to Article 130.1 of the Constitution of the Republic of Azerbaijan 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 the Republic of Azerbaijan 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. Chairman and Deputy Chairman of Court shall be appointed by the President of the Republic of Azerbaijan.

According to parts III-VIII of Article 130 of the Constitution of the Republic of Azerbaijan, the powers of the Constitutional Court are:

The Constitutional Court of the Republic of Azerbaijan, based on a request submitted by the President, the Milli Majlis, the Cabinet of Ministers, the Supreme Court, the Prosecutor’s Office of the Republic of Azerbaijan, and the Ali Majlis of the Autonomous Republic of Nakhchivan shall resolve the following issues:

1) the conformity of laws of the Republic of Azerbaijan, decrees and orders of the President, resolutions of the Milli Majlis, resolutions and orders of the Cabinet of Ministers, and normative legal acts of central executive bodies with the Constitution of the Republic of Azerbaijan;

2) the conformity of decrees of the President of the Republic of Azerbaijan, resolutions of the Cabinet of Ministers of the Republic of Azerbaijan, and normative legal acts of central executive bodies with the laws of the Republic of Azerbaijan;

3) the conformity of resolutions of the Cabinet of Ministers and normative legal acts of central executive bodies with the decrees of the President of the Republic of Azerbaijan;

4) in cases prescribed by law, the conformity of judgements of the Supreme Court of the Republic of Azerbaijan with the Constitution and laws of the Republic of Azerbaijan;

5) the conformity acts of municipalities with the Constitution and laws of the Republic of Azerbaijan, decrees of the President of the Republic of Azerbaijan, resolutions of the Cabinet of Ministers of the Republic of Azerbaijan (and in the Autonomous Republic of Nakhchivan, with the Constitution and laws of the Autonomous Republic of Nakhchivan and resolutions of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan);

6) the conformity of inter-state treaties of the Republic of Azerbaijan that are not yet in force in respect thereof, with the Constitution of the Republic of Azerbaijan; the conformity of inter-governmental agreements of the Republic of Azerbaijan with the Constitution and laws of the Republic of Azerbaijan;

7) the conformity of the Constitution and laws of the Autonomous Republic of Nakhchivan, resolutions of the Ali Majlis and the Cabinet of Ministers of the Autonomous Republic of Nakhchivan with the Constitution of the Republic of Azerbaijan; the conformity of laws of the Autonomous Republic of Nakhchivan and resolutions of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan with the laws of the Republic of Azerbaijan; the conformity of resolutions of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan with the decrees of the President of the Republic of Azerbaijan and resolutions of the Cabinet of Ministers of the Republic of Azerbaijan;

8) disputes regarding the division of competences between the legislature, the executive and the judiciary.

The Constitutional Court of the Republic of Azerbaijan interpret the Constitution and laws of the Republic of Azerbaijan on the basis of requests submitted by the President, the Milli Majlis, the Cabinet of Ministers, the Supreme Court, and the Prosecutor’s Office of the Republic of Azerbaijan, and by the Ali Majlis of the Autonomous Republic of Nakhchivan.

Everyone have the right to lodge, as prescribed by law, complaints with the Constitutional Court of the Republic of Azerbaijan against normative acts of the legislature and the executive, acts of municipalities, and judicial acts infringing upon his/her rights and freedoms, for resolving by the Constitutional Court of the Republic of Azerbaijan the issues referred to in items 1-7 of Paragraph III of the present Article, for the purpose of restoration of his/her violated rights and freedoms.

Courts of law may address the Constitutional Court of the Republic of Azerbaijan, as prescribed by the laws of the Republic of Azerbaijan, with respect to the interpretation of the Constitution and laws of the Republic of Azerbaijan in connection with the issues of the implementation of human rights and freedoms.

The Human Rights Commissioner of the Republic of Azerbaijan may submit, as prescribed by law, a request to the Constitutional Court of the Republic of Azerbaijan in relation to normative acts of the legislature and the executive, acts of municipalities, and judicial acts infringing upon human rights and freedoms, for resolving by the Constitutional Court the issues referred to in items 1-7 of Paragraph III of the present Article. VIII. The Constitutional Court of the Republic of Azerbaijan shall also exercise other powers as provided for in the present Constitution.

The Constitutional Court of the Republic of Azerbaijan shall also exercise other powers as provided for in the present Constitution.

According to Article 34 of the Law of the Republic of Azerbaijan "On Constitutional Court", Constitutional Court may examine a complaint from judicial acts if the decision of the Supreme Court of the Republic of Azerbaijan is based on a normative legal act that does not comply with the Constitution or the laws of the Republic of Azerbaijan. 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.

Constitutional Court 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 operates in accordance with the Regulation on the Staff of the Constitutional Court approved by the Chairman of the Constitutional Court.

There are Department for constitutional rights; Human rights and analytical department; Department of criminal and administrative law; Civil law department; Department of international law and international cooperation; Department for reception of citizens and complaints; General department; Department of legal support and application of information and communication technologies; Department of protocol and public relations; Sector for supervision for execution of court decisions; assistants and advisors to chairman and judges in the Staff of the Constitutional Court. The current supervision of staff is implemented by Head of staff and his/her deputies.

Besides, the material technical, financial and economical maintenance is realized by Logistics Department.