Staffs of the Human Rights Defender and Constitutional Court carried out joint examination on the state of implementation of Constitutional Court’s 2015- 016 decisions. The Defender’s new constitutional function to contribute to the improvement of normative legal acts and legally prescribed possibility to initiate legal amendments was also taken into consideration while carrying out this examination. The study revealed decisions of the Constitutional Court containing demands on the need of legal amendments in the human rights field, which have not been implemented so far.
Respectively, Staffs of the Human Rights Defender and the Constitutional Court jointly prepared drafts on making amendments and supplements to a number of RA Laws.
Adoption of the drafts is expected:
- to expand the possibility of challenging the Administrative Court’s act that have entered into force on the ground of "new circumstances”;
- to enable the appeal of the Administrative Court’s decision on the termination of the case;
- that the Court of Appeal will examine the complaints against Administrative Court’s interim acts in respect to the cases challenging the validity of normative legal acts;
- to clarify the form of submitting an electronic version of the cassation complaint;
- to eliminate the requirement of attaching judicial acts of Court of Cassation and European Court of Human Rights to the cassation complaint;
- that the calculation of the deadlines for bringing appeals against a judicial decision will start from the moment that judicial act became accessible to the person, enabling the latter to have at his/her disposal the entire time period of appeal prescribed by law;
- that a person will participate in the judicial examination on the question of his/her legal capacity;
- that persons who have been recognized as having no legal capacity will have the possibility to apply to the court in person for restoration of their capacity;
- that the mortgager provides collateral in the amount of the mortgagee’s possible damages, for the out of court suspension of the seizure of the mortgage.
The Constitutional Court’s decisions have significant role for the state of human rights protection in the country and improvement of the legal system in general. Exhaustive implementation of these decisions’ standpoints is one of the important guarantees for the effective protection of rights and freedoms.
The drafts were circulated not only among the competent state bodies, but also among human rights NGOs and the RA Chamber of Advocates.