The Constitutional Court of Azerbaijan Republic

The Constitutional Court of Azerbaijan Republic is the supreme body of constitutional justice on the matters attributed to its jurisdiction by the Constitution of Azerbaijan Republic. 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 Azerbaijan Republic and protection of individual’s fundamental rights and freedoms.

The legal basis for the activity of the Constitutional Court is the Constitution of Azerbaijan Republic 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. 

The functioning of the Constitutional Court shall be based on the principle of supremacy of the Constitution of Azerbaijan Republic as well as principles of independence, collegiality and publicity.

Constitutional Court shall be composed of 9 judges appointed by the Milli Majlis on presentation of President of Republic of Azerbaijan. 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.  

According to Part 1 of Article 127 of the Constitution of Republic of Azerbaijan judges of the Constitutional Court are independent on their activity, and just subordinated to the Constitution of  Republic of Azerbaijan and Law of Republic of Azerbaijan ”On Constitutional Court” 

And they are irreplaceable during their term of office. 

Chairman and Deputy Chairman of Court shall be appointed by the President of Azerbaijan Republic.

According to Article 34.1 of the Law “On Constitutional Court” of Azerbaijan Republic 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. 

The Constitutional Court adopts decisions on correspondence of laws, decrees and other normative legal acts to the Constitution and laws of Azerbaijan Republic. 

Constitutional Court of Azerbaijan Republic gives interpretation of the Constitution and laws of Azerbaijan Republic based on petitions of the President of Azerbaijan Republic, Milli Majlis of Azerbaijan Republic, Cabinet of Ministers of Azerbaijan Republic, Supreme Court of Azerbaijan Republic, Prosecutor’s Office of Azerbaijan Republic and Ali Majlis of Nakhichevan Autonomous Republic.

Decision of the Constitutional Court of Azerbaijan Republic has mandatory execution in the territory of Azerbaijan Republic. It is final and cannot be cancelled, changed or officially interpreted by any body or official.