Number of levels of adjudication
Azerbaijan
Election Code ofthe Republic of Azerbaijan, (as of 2013, in English)
Source: http://www.msk.gov.az//uploads/qanunvericilik/election_code_eng.pdf
Article 112. 3. If complaints of the personsindicated in Article 112.1 are initially not considered by a superior electioncommission, such persons may consequently file complaints on the decision orthe action (inaction) of the constituency election commission to the CentralElection Commission, and on the decision or the action (inaction) of theCentral Election Commission to the Court of Appeal
10. A decision on each complaint received bythe election commission during the election processes shall be made within 3days, or immediately if complaints are received on Election Day or the dayafter the Election Day, and delivered to the plaintiff.
11. Courts should consider complaintsconcerning decisions of election commissions within 3 days (if no lessertimeline is identified by this Code). A complaint on the court decision may befiled with a superior court of instance within 3 days.
Amendment to the Administrative ProcedureCode of Azerbaijan from 20.04.2012 (in Azerbaijani)
Source:
http://www.meclis.gov.az/?/az/legislation/view/2044
130.5. The decision of the court decision onthe case may be appealed to the Supreme Court within 3days from the date of submission of the decision in full format. Thecomplaint should be reviewed within 3 days, ifprior to voting day stays less than 30 days (but not later than Election Day)within 2 days, the day after Election Day and applications received and dealtwith immediately.
The Law on the Constitutional Court ofAzerbaijan 2011, (in English)
Source: http://www.constcourt.gov.az/laws/22
Article 54. 1. According to Article 86 ofthe Constitution of Azerbaijan Republic, the Constitutional Court shall verify andapprove the accuracy of the results of elections of deputies to the MilliMajlis of Azerbaijan Republic. The procedure of verification and approval ofaccuracy of the results of elections of deputies to the Milli Majlis shall bedetermined by the Electoral Code of Azerbaijan Republic.
54.2. Session of the Plenum ofConstitutional Court on verification of accuracy of the results of elections ofdeputies to the Milli Majlis shall be commenced within 10 days from the day ofreceipt of materials.
54.4. The Constitutional Court shall requirefrom Supreme Court and Court of Appeal of Azerbaijan Republic the informationon examined applications concerning the protection of electoral rights.
The legislation does not specify specification on how many daysshould pass between the decision of the lower instance(s) and filling inapplication to a higher instance.
Unlike the case with the parliamentary elections, there is no 10 daybreak between the decision of the Supreme Court and the hearing in theConstitutional Court. The legislation only informs that once the complaint isin the Constitutional Court, it has 10 days to make the decision.
There seems to be a contradiction between the time frames ofConstitutional Court’s decision making provided in article 56. Paragraph 6 ofthe Constitution and Article 203 of the Election Code.
