Anar Khanbeyli 29.12.08 Baku, Turan News Agency, Azerbaijan is going to be a Democratic Monarchy?
RESTRICTIONS FOR THE ELECTION OF ONE AND THE SAME MAN AS A PRESIDENT NO MORE THAN TWO TIMES IS THE MAIN POINT DIFFERING THE REPUBLIC FROM MONARCHY
Monitoring Elections Center (MEC) published the conclusion passed by experts on the draft of the Act “On making changes and supplements to the Constitution” developed at the initiative of the ruling “Yeni Azerbaijan” Party (YAP).
MEC stated that the proposed amendments provide serious changes in the political legal system of the country, but no sociopolitical discussing was conducted on the matter. The amendments were submitted to the Milli Mejlis without public trust. MEC considers it is not necessary to make amendments. Many questions submitted to referendum have already been reflected in the legislation. Their including into Constitution increases the volume of Mail law, and on the other side low the authority of the Constitution as a higher legal act.
These are the charges proposed to the Constitution:
17, 25, 32, 39, 48, 50, 72, 75, 129 and 149 have technical character and have been reflected in other legislation acts.
MEC is concerned with the proposed elimination of the norm prohibiting one man to be elected as a president more than two times. This norm is preventing turning of the central executive power into absolute political power. Elimination of this norm promotes political hegemony. The elimination of this norm can weaken the trust of population to elections and cause the passiveness of citizens during the election process.
In democratic countries, including the countries members of the CE, the restriction for the election of one and the same man as a president more than two times is the basic principle of state order. This restriction is one of the main factors differing republican form of government from monarchy.
MEC expressed also concern with the proposed amendments to the Article 32.3 that taking video images and photos cannot be made without the agreement. This restriction has been reflected in other legislative acts. Introduction of the new norm will be interpreted in different ways, and can cause subjective violation in consideration of such issues in courts.
The introduction of such norm to the Constitution can cause obstacles for the professional activity of mass media and will causes damage to the freedom of press and speech.
The proposed amendment is contrary to the Article 50 (freedom of information) of Constitution and Article 10 (freedom of expression) of European Convention on human rights.
According to MEC, arguable are innovations on postponement of presidential and parliamentary elections under “military actions or under war.” Because there is not a wording of “war conditions”, the application of this norm can cause the prolongation of the term of presidency and parliament for uncertain period.
MEC considers reasonable to use the wording “for the period of emergency situation or military situation” instead of the wording “war conditions.”
MEC sees the possibility of violations in conduction of closed sessions of parliament at the demand of 83 deputies (2/3 of total number of deputies) and at the proposal of president. It will cause the lessening of parliament’s transparency. At the same time, MEC welcomed the progressive initiative on giving right to citizens for the legislative initiative when collecting 40,000 signatures.—
Monitoring Elections Center (MEC) published the conclusion passed by experts on the draft of the Act “On making changes and supplements to the Constitution” developed at the initiative of the ruling “Yeni Azerbaijan” Party (YAP).
MEC stated that the proposed amendments provide serious changes in the political legal system of the country, but no sociopolitical discussing was conducted on the matter. The amendments were submitted to the Milli Mejlis without public trust. MEC considers it is not necessary to make amendments. Many questions submitted to referendum have already been reflected in the legislation. Their including into Constitution increases the volume of Mail law, and on the other side low the authority of the Constitution as a higher legal act.
These are the charges proposed to the Constitution:
17, 25, 32, 39, 48, 50, 72, 75, 129 and 149 have technical character and have been reflected in other legislation acts.
MEC is concerned with the proposed elimination of the norm prohibiting one man to be elected as a president more than two times. This norm is preventing turning of the central executive power into absolute political power. Elimination of this norm promotes political hegemony. The elimination of this norm can weaken the trust of population to elections and cause the passiveness of citizens during the election process.
In democratic countries, including the countries members of the CE, the restriction for the election of one and the same man as a president more than two times is the basic principle of state order. This restriction is one of the main factors differing republican form of government from monarchy.
MEC expressed also concern with the proposed amendments to the Article 32.3 that taking video images and photos cannot be made without the agreement. This restriction has been reflected in other legislative acts. Introduction of the new norm will be interpreted in different ways, and can cause subjective violation in consideration of such issues in courts.
The introduction of such norm to the Constitution can cause obstacles for the professional activity of mass media and will causes damage to the freedom of press and speech.
The proposed amendment is contrary to the Article 50 (freedom of information) of Constitution and Article 10 (freedom of expression) of European Convention on human rights.
According to MEC, arguable are innovations on postponement of presidential and parliamentary elections under “military actions or under war.” Because there is not a wording of “war conditions”, the application of this norm can cause the prolongation of the term of presidency and parliament for uncertain period.
MEC considers reasonable to use the wording “for the period of emergency situation or military situation” instead of the wording “war conditions.”
MEC sees the possibility of violations in conduction of closed sessions of parliament at the demand of 83 deputies (2/3 of total number of deputies) and at the proposal of president. It will cause the lessening of parliament’s transparency. At the same time, MEC welcomed the progressive initiative on giving right to citizens for the legislative initiative when collecting 40,000 signatures.—
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