| Bemerkungen |
Siehe Vorlage 1
Abstimmungstext (von IFES übersetzt):
"Article 130. Constitutional Court of the Republic of Azerbaijan
I. The Constitutional Court of the Republic of Azerbaijan shall be
comprised of nine members.
II. Judges of the Constitutional Court of the Republic of Azerbaijan
shall be appointed by the Milli Majlis of the Republic of Azerbaijan
with recommendation of the President of the Republic of
Azerbaijan.
III. The Constitutional Court of the Republic of Azerbaijan shall resolve
the following issues based upon the request of the President of the
Republic of Azerbaijan, the Milli Majlis of the Republic of Azerbaijan,
Cabinet of Ministers of the Republic of Azerbaijan, the Supreme
Court of the Republic of Azerbaijan, the Prosecutor’s Office of the
Republic of Azerbaijan, Supreme Majlis of Nakhchivan Autonomous
Republic:
1. compliance of the laws of the Republic of Azerbaijan, decrees
and orders of the President of the Republic of Azerbaijan,
decisions of the Milli Majlis of the Republic of Azerbaijan,
decisions and orders of the Cabinet of Ministers of the Republic
of Azerbaijan, normative legal acts of the central executive
authority bodies with the Constitution of the Republic of
Azerbaijan;
2. compliance of the decrees of the President of the Republic of
Azerbaijan, decisions of the Cabinet of Ministers of the
Republic of Azerbaijan, normative legal acts of the central
executive authority bodies with the laws of the Republic of
Azerbaijan;
3. compliance of decisions of the Cabinet of Ministers, normative
legal acts of the central executive authority bodies with
decrees of the President of the Republic of Azerbaijan;
4. compliance of decisions of the Supreme Court of the Republic
of Azerbaijan with the Constitution and laws of the Republic of
Azerbaijan, in cases considered by the law;
5. compliance of municipal acts with the Constitution of the
Republic of Azerbaijan, laws of the Republic of Azerbaijan,
decrees of the President of the Republic of Azerbaijan, decision
of the Cabinet of Ministers of the Republic of Azerbaijan (in
Nakhchivan Autonomous Republic, as well as with the
Constitution and laws of Nakhchivan Autonomous Republic,
decisions of the Cabinet of Ministers of Nakhchivan
Autonomous Republic);
6. compliance of interstate agreements of the Republic of
Azerbaijan that are not in force with the Constitution of the
Republic of Azerbaijan; compliance of intergovernmental
agreements of the Republic of Azerbaijan with the Constitution
and laws of the Republic of Azerbaijan;
7. compliance of the Constitution of Nakhchivan Autonomous
Republic, laws, decisions of the Supreme Majlis and Cabinet of
Ministers of Nakhchivan Autonomous Republic with the
Constitution of the Republic of Azerbaijan; compliance of laws
of Nakhchivan Autonomous Republic, decision of the Cabinet of
Ministers of Nakhchivan Autonomous Republic with the laws of
the Republic of Azerbaijan; compliance of decision of the
Cabinet of Ministers of Nakhchivan Autonomous Republic with
decrees of the President of the Republic of Azerbaijan and with
decisions of the Cabinet of Ministers of the Republic of
Azerbaijan;
8. disputes regarding the division of powers between legislative,
executive and judiciary powers.
IV. The Constitutional Court of the Republic of Azerbaijan shall
interpret the Constitution and laws of the Republic of Azerbaijan at
the request of the President of the Republic of Azerbaijan, the Milli
Majlis of the Republic of Azerbaijan, the Cabinet of Ministers of the
Republic of Azerbaijan, the Supreme Court of the Republic of
Azerbaijan, the Prosecutor’s Office of the Republic of Azerbaijan,
the Supreme Majlis of Nakhchivan Autonomous Republic.
V. For resolution of issues indicated in Articles 130.III.1 and 130.III.7
by the Constitutional Court of the Republic of Azerbaijan, everyone
has the right to file complaints to the Constitutional Court of the
Republic of Azerbaijan, in accordance with rules specified by laws,
against legal and normative acts of executive authorities and
municipalities, as well as rulings of courts which violate individuals’
rights and freedoms, in order to restore the violated rights and
freedoms.
VI. Within the rules established by the laws of the Republic of
Azerbaijan, the courts may request the Constitutional Court of the
Republic of Azerbaijan to interpret the Constitution and laws of the
Republic of Azerbaijan regarding enjoying human rights and
freedoms.
VII. For resolution of the issues indicated in Articles 130.II.1 and
130.III.7 by the Constitutional Court of the Azerbaijan Republic, the
human rights commissioner of the Republic of Azerbaijan can file an
inquiry to the Constitutional Court of the Republic of Azerbaijan
regarding legal and normative acts of executive authorities and
municipalities as well as rulings of courts, which violate human
rights and freedoms in accordance with rules specified by laws.
VIII. The Constitutional Court of the Republic of Azerbaijan may
implement other duties established by this Constitution.
IX. The Constitutional Court of the Republic of Azerbaijan shall make
the decisions under its competence. The decision of the
Constitutional Court shall have mandatory force within the territory
of the Republic of Azerbaijan. The decisions of the Constitutional
Court of the Republic of Azerbaijan shall be published.
X. Laws and other acts, or their separate provisions,
intergovernmental agreements of the Republic of Azerbaijan shall
lose their force within the timeframe established in the decision of
the Constitutional Court of the Republic of Azerbaijan. But
interstate agreements of the Republic of Azerbaijan do not come
into force."
"Maddə 130. Azərbaycan Respublikasının Konstitusiya Məhkəməsi
...
IX. Azərbaycan Respublikasının Konstitusiya
Məhkəməsi öz səlahiyyətlərinə aid
edilən məsələlərə dair qərarlar qəbul edir.
Azərbaycan Respublikası Konstitusiya Məhkəməsinin
qərarı Azərbaycan Respublikası
ərazisində məcburi qüvvəyə malikdir. Azərbaycan
Respublikası Konstitusiya Məhkəməsinin qərarları
dərc edilməlidir.
..."
|
