| Parliament name (generic / translated) |
Milli Mejlis / National Assembly |
| Structure of parliament |
Unicameral |
|
POLITICAL SYSTEM
|
| Type of political regime |
presidential |
| Notes |
The President of the Republic exercises the executive power (Article 99 of the Constitution). |
| Head of the executive |
President of the Republic |
| Notes |
The President appoints a cabinet to assist him in the exercise of executive power. This is the highest executive body. It is subordinate to and reports to the President. |
| Method for appointing the executive |
The President is elected directly by universal suffrage (Article 101, paragraph 1 of the Constitution). With the consent of the parliament, he appoints and dismisses the Prime Minister, and appoints and dismisses the other members of the cabinet (Article 109 of the Constitution). |
| Term of office of the executive and coincidence with the term of the legislature |
The President is elected for a five-year term. His term coincides with the term of the legislature (Article 84, paragraph 1 of the Constitution). Elections for a new parliament take place on the first Sunday of November. |
| Incompatibility of the functions of member of the executive and member of Parliament |
Yes |
The Prime Minister, his deputies, ministers and heads of other central bodies of the executive branch may not occupy any other posts, irrespective of the procedure, and may not be involved in business, commercial and other paid activity except scientific, pedagogical and creative activities (Article 122 of the Constitution). |
| Dissolution of Parliament |
No |
|
|
|
Not applicable |
|
|
Not applicable |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
The parliament can pass a vote of confidence in the cabinet. Government accountability to the parliament is collective. However, government accountability to the parliament is limited, since the cabinet reports directly to the President. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
Not applicable |
- Government reports to Parliament
|
Not applicable |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
Parliament can pass a vote of confidence in the cabinet (Article 95, paragraph 14 of the Constitution). |
| Motions of censure and votes of no confidence (sub-report) |
|
|
Not applicable |
|
|
Not applicable |
|
|
Not applicable |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
The President can be dismissed from his post in the case of a grave crime committed by him (Article 107 of the Constitution). The dismissal procedure can also be initiated against Judges (Article 128, paragraph 4 of the Constitution). |
|
|
In case of a grave crime committed by the President, the question of dismissal may be submitted to the parliament on the initiative of the Constitutional Court, based on the conclusions of the Supreme Court, within 30 days of that court's findings. The President may be dismissed by a decree of the parliament passed by a majority vote of 95 (out of 125) deputies. This decree must be signed by the Chairman of the Constitutional Court within one week, failing which it does not come into force. The decree must be accepted within two months from the date of the application by the Constitutional Court to the parliament. If the parliament does not accept the decree within the two-month period the accusation against the President is considered rejected.
If a Judge commits a crime, the President may, based on the conclusions of the Supreme Court, make a statement to the parliament calling for that Judge's dismissal. Conclusions by the Supreme Court must be presented to the President within 30 days of his request. Decisions on the dismissal of Judges from the Constitutional Court, the Supreme Court and the Economic Court, are taken by the parliament and require 83 out of 125 votes; decisions about the dismissal of other Judges are also taken by the parliament but require only 63 out of 125 votes. |
|
|
The President or the Judges concerned are dismissed and removed from office. |
- Have these procedures been applied?
|
|
|
|
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
No |
The only procedure that allows the parliament to exercise a limited form of oversight over the government administration is by way of interpellations. |
| Means and modalities of oversight |
|
|
Not applicable |
- Committees of inquiry and missions to Government departments
|
Not applicable |
- Oral and written questions of parliamentarians
|
Not applicable |
- Role of Parliament in the appointment of senior Government officials
|
Not applicable |
- Activity reports of the Government administration and of public services or establishments
|
Not applicable |
- Representation of Parliament in governing bodies of the Government administration
|
Not applicable |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
The Ombudsman is elected by the parliament from among three candidates nominated by the President. The successful candidate must obtain 83 out of the 125 votes in the parliament. |
- Relationship to Parliament
|
The Ombudsman submits an annual report to the parliament as well as special reports if deemed necessary. |
|
BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
No |
Consultation with the parliament in the preparation of the budget is not provided for in law, but is nevertheless observed in practice. |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
On the President's recommendation, the parliament approves the state budget and exercises oversight over its implementation (Article 95, paragraph 5 of the Constitution). Parliament thus exercises budgetary oversight during the examination of the finance act. |
- Reports on the budget / finance act by Committees
|
Not applicable |
| Fields overseen |
|
|
The parliament exercises budgetary oversight over national defence spending within the national budget. |
- Budget of special departments
|
Not applicable |
- Role of Parliament in national development plans
|
Not applicable |
| Parliament's deadline for the examination and adoption of the budget / finance act |
The parliament's deadline for the adoption of the finance act is 15 December. |
| Consequences of failure by Parliament to adopt the budget / finance act |
In the event of a budgetary deadlock, the government continues to work within the spending limits established in the previous finance act. |
| Budgetary autonomy of Parliament |
No |
Not applicable |
|
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
No |
Not applicable |
| Parliamentary oversight of public companies |
No |
Not applicable |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
The public finance audit body, appointed by the parliament, audits the government's books. |
- Reports of the public auditor's office
|
The public audit body is obliged to report to the parliament twice a year. The results of the work of this body play a decisive role for the adoption the budget. |
|
|
Not applicable |
|
OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
Not applicable |
|
|
Not applicable |
- Composition of the Committee
|
Not applicable |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
Not applicable |
- Plenary debates on foreign policy issues
|
Not applicable |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
Parliamentarians may participate in intergovernmental meetings at the request of the government. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
The President concludes inter-State and intergovernmental agreements and presents certain categories of agreements to the parliament for ratification or denunciation (Article 109, paragraph 17 of the Constitution). The parliament has two months to ratify any treaty put before it. In urgent cases, the timeframe is 20 days only. The President signs decrees on the ratification of international agreements. |
- Other mechanisms for participation in foreign policy by Parliament
|
The parliament's oversight over foreign policy is limited to the ratification of some international treaties and to the adoption of declarations and statements on international issues. |
|
OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
Not applicable |
|
|
Not applicable |
- Composition of the Committee
|
Not applicable |
| Parliamentary oversight of public arms manufacturing companies |
Not applicable |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
|
In cases of actual occupation of some part of the territory of the Republic, a declaration of war by a foreign country or countries, a blockade of the territory and also whenever there is a real danger of armed attack, a blockade of the territory or a real threat of such a blockade, the President announces martial law all over the territory of the Republic or in individual areas, and within 24 hours submits the relevant decree for approval to the parliament (Article 111 of the Constitution). On the recommendation of the President, the parliament gives its consent to the declaration of war and to the conclusion of a peace treaty (Article 95, paragraph 16 of the Constitution). |
- Role of Parliament in sending troops abroad
|
On the recommendation of the President, the parliament gives its consent to the enlistment of military forces for operations other than their normal duties (Article 95, paragraph 16 of the Constitution). |
- Other mechanisms for participation in national defence policy by Parliament
|
In addition to the above, based on the recommendation of the President, the parliament approves the military policy of the Republic (Article 95, paragraph 7 of the Constitution). |
|
STATE OF EMERGENCY
|
| Circumstances |
In the event of natural calamities, or epidemics, grave ecological and other disasters, acts aimed at violating the territorial integrity of the country, revolt or state coup, with mass disorders accompanied by violence, other conflicts threatening the life and safety of citizens or the normal activity of state bodies, the President declares a state of emergency in individual areas of the Republic, and within 24 hours submits the respective decree for approval to the parliament (Article 112 of the Constitution). |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
A state of emergency must be approved by the parliament and affects neither its existence nor its functioning. |
|
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
A specialised body / constitutional Court |
The Constitutional Court consists of nine Judges, appointed by the parliament on the recommendation of the President (Article 130 of the Constitution). |
|
|
The Court, at the request of the President, the parliament, the cabinet, the Supreme Court or the procurator's office, takes decisions regarding (i) compliance of laws, decrees and orders of the President, parliamentary decrees, decrees and orders of the cabinet, or other normative-legal acts of central bodies of the executive branch with the Constitution; (ii) compliance of these acts with the laws of the Republic; (iii) compliance of decrees of the cabinet and normative-legal acts of central bodies of the executive branch with decrees of the President; (iii) in cases envisaged by law, compliance of decisions of the Supreme Court with the Constitution and laws; (iv) compliance of acts of municipalities with laws, decrees of the President and cabinet decrees; (v) compliance of inter-State agreements, which have not yet become valid, with the Constitution; (vi) compliance of intergovernmental agreements with the Constitution and laws; and (vii) settlement of disputes connected with the separation of authority between the legislative, executive and judicial branches.
The Constitutional Court hands down interpretations of the Constitution and laws at the request of the President, the parliament, the cabinet, the Supreme Court and procurator's office. Any person claiming to be the victim of a violation of his/her rights and freedoms as a result of decisions of the legislative, executive and judiciary branches, may appeal, in accordance with the procedure provided for by law, to the Constitutional Court with a view to the restoration of said violated human rights and freedoms. In accordance with the procedure provided for by law, the courts may file with the Constitutional Court a request for interpretation of the Constitution or the laws as regards matters concerning the implementation of human rights and freedoms.
Decisions of Constitutional Court of the Azerbaijan Republic are obligatory all over the territory of the Azerbaijan Republic.
|
| Evaluation of laws |
No |
Not applicable |
| Measures |
|
Compare data for parliamentary chambers in the Oversight module
