"A1+" to appeal to Cassation Court again
With today's decision, the Constitutional Court recognized the Cassation Court's ruling as illegal.
After examining the claim filed by "A1+" representatives, the Constitutional Court reminded that it had already recognized a number of articles of the Civil Trial Code as anti-constitutional and invalid, including Part 1 of Article 204/28.
It was this article that "A1+" representatives had demanded to recognize as anti-constitutional because it prohibited RA citizens from exercising their right to defense in a trial and realizing the verdicts reached by the European Court and the decisions of the CC.
The Constitutional Court also clarified that "A1+" had the right to file an appeal to the Cassation Court to reconsider the previous rulings of the latter.
Let us remind that after the European Court's ruling on June 17, 2008, "A1+" had appealed to the Cassation Court to restore its rights.
According to the right of the European Court, the best way of restoring violated rights prescribed by the European Court's verdict is to restart the case at the national level, in other words, the reconsideration of previous court rulings.
However, on February 19, 2009, the Cassation Court accepted the "A1+" appeal as a case, examined it and refused to reconsider its judicial acts of 2003.
The appeal to restart the case was denied according to Part 1 of Article 204/28 of the RA Civil Trial Code.
