Establishment of Special Organizations May Decrease Number of Decisions against Azerbaijan - Supreme Court’s Judge
Azerbaijan, Baku / Тrend corr K. Zarbaliyeva / Experts positively grasped the idea on establishment of a special organization to reveal contradictions between Azerbaijani legislation and the European Convention and to develop suggestions in this connection. That was suggested by a member of the Juridical Council, MP Ali Husenov. He says the organization will study innovations in the experience of the European Court and will develop suggestions on changes in the national legislation.
No exact person or an organization in Azerbaijan is charged with studying of the field, the judge of the Supreme Court, Vafaaddin Ibayev, said to Trend on 8 October. "European Convention is a dynamic mechanism. Comments made by the European Court are changing when the society develops. Correspondence of internal legislation with that development should be constantly observed. Gaps and contradictions should be removed. The Constitutional Court may not by its own will check the contradictions or make decision in that connection. If when considering any concrete cases the Supreme Court defines any contradictions or gaps, it may make definite suggestions," he said. Ibayev stressed that there always will be contradictions regarding items of the European Convention in Azerbaijani legislation. He believes in order to solve the issue juridical notions, views, and ideas should be changed, international experience should be studied, and the staff to deal the problem should be trained. According to Ibayev, operation of the organization to deal the problem, removal of gaps and contradictions will entail decrease in number of complaints and decisions against the State bodies made at the European Court. He considers is important to form the organization of the judges from the Supreme Court, Constitutional Court and other professionals.
An independent expert, attorney Rashid Hajili, backs establishment of such an important organization to define Azerbaijan's policy for integration into Europe's legislative system. According to him, the commission dealing the problem does not operate. "This commission is of a consultative character. Many countries established special ministries to treat the issue. In Azerbaijan such an organization can be established at the Justice Ministry or the Supreme Court," Hajili said. The expert is sure there are enough experts to define the policy in this field for Azerbaijan. According to him, the organization should be formed of experts aware of the experience of the European Court and the international law, as well as NGO representatives.