ARM-2016-3-003

a) Armenia / b) Constitutional Court / c)   / d) 22-11-2016 / e) DCC-1322 / f) On the conformity with the Constitution of provisions of the Administrative Procedure Code / g) Tegekagir (Official Gazette) / h.

 

Keywords of the Systematic Thesaurus:

 

 

05.03.13

Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.

05.03.13.03

Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.

 

Keywords of the alphabetical index:

 

Cassation appeal, norm, interpretation, analysis.

 

Headnotes:

 

A provision to the effect that a person lodging a cassation appeal must be able to show that the decision which they wish the Court of Cassation to take would promote uniform application of the law is in line with the Constitution. Any comparative analysis they submit at this stage cannot be dismissed; this would constitute blocking access to court.

 

Summary:

 

I. The applicant took issue with a provision of the Administrative Procedure Code to the effect that a person lodging a cassation appeal on the grounds set out in the above Code must show that the decision which he or she would like the Court of Cassation to take would promote the uniform application of the law. The appellant in such proceedings has to take particular care to demonstrate that the interpretation of any norm of the judicial act under appeal contradicts the interpretation made in the Decision of the Court of Cassation; he or she would need to attach the acts in question, highlighting, through comparative analysis, the contradiction that exists between the judicial act in dispute and the judicial act of the Court of Cassation in cases with similar factual circumstances.

 

II. The Constitutional Court found that the term «making comparative analysis» in the above provision of the Administrative Procedure Code was in conformity with the Constitution. At the stage of receiving the application, examination of such comparative analysis cannot be dismissed as this would constitute blocking access to court.

 

Languages:

 

Armenian.