
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 Сonstitutional Сourt 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.
The Constitutional Court adopts decisions on correspondence of laws,
decrees and other normative legal acts to the Constitution and laws of the
Republic of Azerbaijan. Constitutional Court of the Republic of Azerbaijan
gives interpretation of the Constitution and laws of the Republic of Azerbaijan
based on petitions of the President of the Republic of Azerbaijan, Milli Majlis
of the Republic of Azerbaijan, Cabinet of Ministers of the Republic of
Azerbaijan, Supreme Court of the Republic of Azerbaijan, Prosecutor’s Office of
the Republic of Azerbaijan and Ali Majlis of Nakhichevan Autonomous Republic.
According to the Constitution the following entities may apply to
Constitutional Court: President of the Republic of Azerbaijan; Milli Majlis of
the Republic of Azerbaijan (Parliament); Cabinet of Ministers of the Republic
of Azerbaijan; Supreme Court of the Republic of Azerbaijan; Prosecutor’s Office
of the Republic of Azerbaijan; Ali Majlis of Nakhichevan Autonomous Republic;
Courts; İndividuals; Ombudsman. According to Article 34.1 of the Law “On
Constitutional Court” of the Republic of Azerbaijan 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 the
Republic of Azerbaijan the Ombudsman of the Republic of Azerbaijan 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.
In the Staff of the Constitutional Court are department for constitutional
rights; Department of Criminal and Administrative Law; Department of
International Law and International Cooperation; Department of Protocol and
Public Relations; Department of Human Rights; the organization and analysis;
Civil Law Department; Department for Reception of Citizens and Complaints;
General Department; Department of Legal Support and Application of Information
and Communication Technologies; Sector for Supervision for Execution of Court
Decisions; Sector for Organization of Court Sessions; Assistants and Advisors
to Chairman and Judges. The current supervision of staff is implemented by Head
of Staff and his/her Deputy.
Besides, the material technical, financial and economical maintenance is
realized by Logistics Department.