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