ARM-2016-3-001

a) Armenia / b) Constitutional Court / c)   / d) 04-10-2016 / e) DCC-1310 / f) On the constitutional compliance of provisions of the Civil Procedure Code / g) Tegekagir (Official Gazette) / h.

 

Keywords of the Systematic Thesaurus:

 

 

01.04.09.01

Constitutional Justice - Procedure - Parties - Locus standi.

05.03.13.03

Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.

 

Keywords of the alphabetical index:

 

Appeal, proceedings, third parties.

 

Headnotes:

 

A provision whereby only the parties to the pro-ceedings (and in cases concerning the protection of the interests of the state, the Prosecutor General and his or her deputies) are entitled to appeal to the Court of Cassation against a judicial act of a lower court was in conformity with the Constitution; the list of persons authorised to submit a cassation appeal prescribed by the provision was not exhaustive and did not restrict the right of persons who were not party to the proceedings to appeal against judgments of the Court of Appeal where these judgments concerned the rights and responsibilities of the person in question.

 

Summary:

 

I. The applicant challenged certain regulations of the Civil Procedure Code which stated that persons participating in the proceedings have the right to appeal to the Court of Cassation against a judicial act of a lower court, deciding on the merits of the case.

 

An appeal by the applicant (who was not involved in the case) against the court’s judgment was returned by the Civil Court of Appeal on the basis that the appealed judgment did not concern the applicant’s rights; the appeal had in effect been lodged by a person who did not have the right to appeal a judicial act of lower court.

 

II. The Constitutional Court declared that the provision described above was in conformity with the Constitution; the list of persons authorised to submit a cassation appeal prescribed by the appealed provision was not exhaustive and did not restrict the right of persons who were not party to the proceedings to submit cassation appeal against judgments of the Court of Appeal where these judgments concerned the rights and responsibilities of the person in question.

 

Languages:

 

Armenian.