a) Armenia / b) Constitutional Court / c) / d) 18-10-2016 / e) DCC-1315 / f) On the conformity with the Constitution of provisions of the Administrative Procedure Code / g) Tegekagir (Official Gazette) / h) .
Keywords of the Systematic Thesaurus:
General Principles - Proportionality.
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
Keywords of the alphabetical index:
Case, fresh examination, counter-claim.
Regulations to the effect that during a fresh examination of a case the cause of action, the subject-matter of the claim or the amount being demanded in the claim cannot be changed and a counter-claim cannot be filed are out of line with the principles of proportionality, effective judicial protection and fair trial.
I. The applicant challenged certain regulations of the Administrative Procedure Code which stated that during a fresh examination of a case the cause of action, the subject-matter of the claim or the amount being demanded in the claim cannot be changed; a counter-claim cannot be filed.
II. The Constitutional Court noted that this restriction on the opportunity to file a counterclaim did not stand in the way of the right to access to court as such; the person concerned could always file a separate claim in accordance with the Administrative Procedure Code. However, this type of limitation in the framework of concrete legal relations could be out of line with the constitutional principle of proportionality and inconsistent with the right to effective judicial protection and the constitutional provisions whereby everyone should have the right to a fair and public hearing of his or her case, within a reasonable time period and by an independent and impartial court.