Azerbaijani Judicial System to Form Precedents on Exact Law Issues
A judge of the European Court on Human Rights, Khanlar Hajiyev, said in his interview with Trend that the Azerbaijani judicial system should form the precedents on exact law issues by itself. Following the precedents will assist in the establishment of equality of citizens before the law, he said.
As to the level of application of the case law of the European Court by Azerbaijani judges, he noted that it was difficult to speak on the entire situation as that required special analysis of all the decisions made by Azerbaijani judges. Anyway, it is worth mentioning that Azerbaijan has made a lot of reforms during the recent years for participation in formation of single European liberties on protection of human rights and freedoms. The legislation and judicial system of the country was formed under the influence of the European Convention.
According to Hajiyev, the level of the judicial practice under formation lags behind the legislation. Decisions made by the European Court on the complaints from Azerbaijan display the presence of serious judicial problems.
"Predictability of justice will raise its authority and the trust of the citizens. The future of the European human rights and freedoms protection system depends on national courts taking into account the appending principle. National courts should be able to undertake the responsibility not only for taking over of the precedents of the European Court, but also for formation of an efficient and uniform practice.
"The above-mentioned will assist the State in revealing the problems of the system and structural character in the national legislation and judicial practice and to eliminate them in time," he said.