BILL ON CONSTITUTIONAL COURT ADOPTED IN FIRST HEARING
As continuation of legal reforms, being realized by esteemed Heydar Aliyev, the Bill is of great significance. In 1998, on personal initiative of Heydar Aliyev, was created constitutional Court. Key task of the Constitutional Court is to defend human rights and freedoms in the country. In connection with the Address to the Constitutional Court, bound with the realization of legal reforms, including referendum, conducted in August 2002, the Constitution was amended and confirmed the right of every citizen to appeal the Constitution Court to restore his or her rights in cases ascertained by law.
Major difference between the existing laws on Constitution Court and the Bill is that 60 percent of the Articles of the acting legislation were amended and changed. It is envisioned to include to the inner by-laws of the Constitutional Court the Article 32, fixing the rules of consideration at the Constitutional Court and other issues, excluding it from the text of the Law, and the Article 39 to be amended.
In connection with the changes, amended to the Constitution after the Referendum, were added 16 new Articles, bound with the rules of appeal by the Ombudsman or courts to the Constitutional Court, as well as application and consideration of complaints.
Preparation of the Bill was commenced after taking by Azerbaijan of the obligations before the Council of Europe. In October 2001, the bill was presented to the Venice Commission of CE, and with participation of the German experts, and then in Azerbaijan with the participation of the representatives of relevant structures, judges, was comprehensively discussed at a roundtable. The Bill comprises 9 chapters and 79 clauses.
In the Article, bound with organizing and activity of the Constitutional Court, it is said that in coming years, the cases at the Constitutional Court would be considered at the sessions of Houses and Plenums. Terms of powers of the judges of the Constitutional Court were prolonged from 10 to 15 years. On expiration of this term, however, the judges cannot be appointed as judges of Constitutional Court. In cases, if the terms of powers of the judges expire before reaching the pension age, then, before taking a relevant job, they during 2 years will get some 80 percent of the salary of the judges of Constitutional Court.
In the discussions, chairman of the Constitutional Court Farad Abdullayev, deputy chairman of Milli Majlis Ziyafet Askarov and deputies told their opinions on the project. Then, the bill was adopted at the first hearing.
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