Farhad Abdullayev’s interview - the Chairman of Constitutional Court of Azerbaijan to Trend News.

- What would you say about the visit to the European Court of Human Rights?

- As you know, every year European Court of Human Rights organize large event regarding to the opening of working year. Chiefs, representatives of Supreme Court and judges are invited to this event. This tradition exists several years. Like before, this year we again took part in the above mentioned event. Within the frame of the visit Me and Ramiz Rzayev – Chairman of Supreme Court had opportunity to meet with the Chairman of ECHR- Jean-Paul Costa. During our meeting Chairman of ECHR said that Russia made ratification of European Convention on Human Rights and now preparation is done on Protocol. This means that ECHR’s work will be improved and the process of dealing with cases will be simplified. Surely it will affect positively on the work of national courts as well Courts of Azerbaijan.

- Recommendations to “Milli Mejlis” is not taken into consideration in resolutions of Constitutional Court. There are several such resolutions. What is it related to? How “Milli Mejlis” explain this situation?

- Certainly, We send resolution of Constitutional Court to Milli Mejlis if the resolutions include recommendations according to the legislation. In addition, you know that, when new law is adopted, some recommendations lose their importance. We negotiated with “Milli Mejlis” regarding to this matter. We have several resolutions in “Milli Mejlis” and I hope they all will find their solution in the spring session of the Parliament.

- Is there any controlling mechanism on the implementation of resolutions of Constitutional Court? How is this put in practice?

In fact, Any punishment measures or strict sanctions are not shown in legislation for not implementing resolutions of Constitutional Court. It is not possible to fulfill control over implementation of resolutions because the mechanism of control is not defined in the legislation. We do not have an opportunity to use any sanctions or to influence in the case when resolutions are not implemented. We can just adopt again new resolution for the implementation of them. I want just to say that it is obviously shown in the “Law of the Constitutional Court” that, resolution of Constitutional Court is obligatory and can not be abolished, changed or interpreted officially. Because, this is the resolution of highest court and should be implemented unconditionally. They are compulsory. This is not my conclusion but the demand of the la and should be implemented in any case. Of course, this is very important matter, not only in Azerbaijan, as well all over the world. That’s why, the implementation of court resolutions were chosen as a subject in the congress of Constitutional Courts of the member countries of Council of Europe and will be discussed in the meeting which will be held in 2010.

-Azerbaijan is a member of the Council of Europe and resolutions of ECHR are the part of our legislation system. What kind of problems do you have regarding to adjustment of activities of Courts and Judges to the European Standards.

- As you know, Courts Reforms are carried out in Azerbaijan and these reforms are still going on. Courts Reforms are fulfilled in several stages according to European Standards. Council of Court-Law makes great efforts in this case. Surely, it gives its fruits. Now, judges are chosen according to their personal qualification and knowledge. It is very good to gain this knowledge, but other side of the matter is related to the implementation. All these come from the conscience of the judge, his feelings and the demand of the law. Selection of personnel has big role in this case. Knowledge of law is not enough, it is necessary to put into practice them. Proper implementation of them is priority for us now. I consider that, Judicial Authority is in progress in Azerbaijan, processes are going on and it will give its positive result.