CONSTITUTIONAL COURT OF AZERBAIJAN REPUBLIC CONDUCTING INT’L SEMINAR
The secretary of the Venetian Commission of Council of Europe Gianni Buciccio, chairman of the Constitutional Court of the Russian Federation Valery Zorkin, the judge of this court Hadis Hajiyev, the judge of the European Court took part in work of the seminar under human rights Khanlar Hajiyev, the coordinator of the Supreme Court of the United States of America Peter Krueger, the judge of the Constitutional Court of the Czech Republic Stanislav Balik, the judge of Arbitration Court of the Kingdom of Belgium Jean –Pawl Mormon, the employee of Secretariat of the Venetian Commission of the Council of Europe Rudolph-Shunts Duirr, the head of department of Administration of the President of the Azerbaijan Republic on work with law enforcement bodies Fuad Alskarov, officials of the Milli Majlis, members of the Supreme and Appeal Courts, the Ministries of Justice, Bars, chairmen and judges of some regional courts, representatives of the Society of Technical Cooperation of Germany and the American Association of Lawyers.
Chairman of the Constitutional Court of the Azerbaijan Republic Farhad Abdullayev, having welcomed participants, has noted, that the topic being discussed represents great value for bodies of the constitutional supervision not only in the Azerbaijan Republic, but also for all Europe. The integration processes proceeding last 50 years all over the world, in particular, in Europe, render deep influence not only on economy, but also on the law. So, legal integration creates conditions for positive influence of the states against each other, which, including the law, promotes development of all spheres of the life of society. One of the integral factors of development and integration consists that use by national bodies of the constitutional supervision of experience of foreign constitutional courts, and also the international courts of regional character helps to find a way out from the questions on which manufacture is carried out, and, taken of a fair position to prove the accepted decision.
The judge of the European Court on human rights H. Hajiyev has acted with a detailed report referring to precedent of court, which he represents. In conclusion of the report, he has noted, that Azerbaijan has accepted jurisdiction of the European Court, and this, in the nearest years will render influence on legal system and judiciary practice of Azerbaijan. As if to developing ideas and the values fixed in the Convention and decisions of the Strasbourg Court, they will influence increase of level of protection of the rights and freedom of the person in Azerbaijan.
Valery Zorkin, acting with the message on character of precedent of decisions of the Constitutional Court of the Russian Federation, has noted, that despite of scientific discussions spent now about precedent, in judiciary practice of the Russian Federation, there are no basic obstacles to realization of decisions of the European Court. Checking in the practice laws and other statutory acts, the Constitutional Court accepts decisions referring to the Convention and its interpretation by the European Court, defining a legal position.
The Constitutional Court of the Russian Federation as the body of the constitutional supervision, focuses development of legal system of Russia, its lawmaking practice as a whole according to the modern concept of the rights fixed in the European Convention and freedom of the person and the citizen. Thus, the Constitutional Court plays important role in becoming and strengthening of the right of Russia, as component of the common European space basing on this convention.
The judge of the Constitutional Court of the Czech Republic Stanislav Balik has told of some judgments concerning the role of practice of the European Court on human rights and Court of the European Union.
At the seminar, was held wide discussion about the place of experience of the European Court on human rights in decisions of the Constitutional Court of the Azerbaijan Republic, a number of the questions connected to the doctrine concerning a constitutional law, use of precedent in activity of the European Court on human rights and the judgments concerning application of foreign judicial experience in activity of the Supreme Court of the USA, values of precedent (civil, foreign, international) for the constitutional courts and on other questions. Visitors have shared experience of the countries in the said sphere and have answered questions of the Azerbaijan judges.
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