CONSTITUTION SHOULDN’T DEAL WITH FORMATION OF COURTS

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| 14:11:51 | 07-05-2005 | Politics |

The issues referring to the court formation are usually not fixed
in the Constitution. It usually contains some clause on the Supreme
Courts as, for example in the US or Japan. The French Constitution
does not contain a word about the court formation. The reason is that
Constitution should not impede the process of inserting the necessary
changes into the order of court formation.

The justice is administrated via civic and criminal legal court
examinations. Òhe courts on civic and criminal cases are called the
Court of Common Competence However the structure of the court is not
the same in all the countries. In Anglo-Saxon states the pyramid of
the Court of Common Competence is concluded with the Supreme Court. In
a number of countries, for instance in Sweden, Netherlands, Japan and
China there is a united court system. In some states specialized courts
function along with the Court of Common Competence. The number of
these courts depends on the traditions of the countries. U specialized
courts function in Germany, these being the Administrative Court,
the Financial Court, The Labor Court and the Court for Social Disputes.

«In Roman states the juridical system is usually concluded with the
Court of Cassations, which is to decide whether the law was applied
correctly”, specialist of constitutional law Vardan Poghosyan says.

Rather few states of the Eastern Europe have the Courts of Common
Competence. In the South Caucasus, Central Asia, Russia, Ukraine
and Belarus the juridical system is not three-step. In Moldova the
supreme instance of the courts of common competence is the Supreme
Court Chamber empowered to cancel the decisions of the Court of
Appeal. Vardan Poghosyan highlights the role of the European Court
of Human Rights.

Victoria Abrahamyan

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