Avropa Şurası Parlament Assambleyasının hüquqi statusu və onun insan hüquqlarının müdafiəsində rolu

This article provides a systematic analysis of the legal status of the Parliamentary Assembly of the Council of Europe (PACE) and its role in the protection of human rights within the context of contemporary developments in international law. The primary aim of the study is to define the legal and institutional nature of PACE and to substantiate its functional significance in promoting and safeguarding human rights both within the European legal system and on a global scale. The relevance of the topic is rooted in the increasing normative influence and political legitimacy of international parliamentary institutions, particularly PACE, in an era of transformation in international law. Through democratic oversight and legislative initiatives undertaken by members representing national parliaments, PACE has expanded its capacity to impact the evolution of legal systems. Special attention is given to the role of the Assembly in integrating developing countries into the principles of the rule of law and democratic governance. The scientific novelty of the research lies in its analysis of PACE’s legal status not only from institutional and procedural perspectives but also through the lens of legal philosophy. The author compares PACE’s human rights protection efforts with traditional approaches within civil law systems, identifying the Assembly’s contribution to the development of a universal legal framework. The legal authority and normative role of PACE’s recommendations and resolutions are substantiated through a comprehensive legal-theoretical framework. The importance of the study is that PACE's influence extends beyond the European region, with its documents and legal approaches impacting global legal systems, particularly in the context of human rights protection in accordance with international standards. In addition to analyzing PACE’s normative-legal mechanisms, the study reveals the practical and theoretical foundations of its legislative and partially executive functions. This approach highlights the need for a renewed definition of PACE’s legal status among the subjects of international law. Drawing on the scholarly views of renowned legal experts such as Antonio Cassese, Philip Alston, Christine Chinkin, Thomas Buergenthal, Latif Huseynov, and Amir Aliyev, the article emphasizes PACE’s contribution to the development of the rule of law and human rights in Europe. The study aims to enhance the effectiveness of human rights mechanisms in the context of cooperation between PACE and the European Court of Human Rights, and it represents a theoretically and practically valuable resource for both legal scholars and international decision-making bodies. Keywords: Parliamentary Assembly of the Council of Europe, legal status, human rights, international law, democratic oversight, normative acts, legal philosophy, Roman law, institutional structure, European Court of Human Rights.

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Publication Details

Journal
Azerbaijani Lawyer Journal
Published
2025-09-23
DOI
https://doi.org/10.61638/wauu7027
Primary Topic
European and International Law Studies
Type
article
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article

Avropa Şurası Parlament Assambleyasının hüquqi statusu və onun insan hüquqlarının müdafiəsində rolu

Karamat Ganbarov
Azerbaijani Lawyer Journal
European and International Law Studies
article

Avropa Şurası Parlament Assambleyasının hüquqi statusu və onun insan hüquqlarının müdafiəsində rolu

Karamat Ganbarov
article en

Abstract

This article provides a systematic analysis of the legal status of the Parliamentary Assembly of the Council of Europe (PACE) and its role in the protection of human rights within the context of contemporary developments in international law. The primary aim of the study is to define the legal and institutional nature of PACE and to substantiate its functional significance in promoting and safeguarding human rights both within the European legal system and on a global scale. The relevance of the topic is rooted in the increasing normative influence and political legitimacy of international parliamentary institutions, particularly PACE, in an era of transformation in international law. Through democratic oversight and legislative initiatives undertaken by members representing national parliaments, PACE has expanded its capacity to impact the evolution of legal systems. Special attention is given to the role of the Assembly in integrating developing countries into the principles of the rule of law and democratic governance. The scientific novelty of the research lies in its analysis of PACE’s legal status not only from institutional and procedural perspectives but also through the lens of legal philosophy. The author compares PACE’s human rights protection efforts with traditional approaches within civil law systems, identifying the Assembly’s contribution to the development of a universal legal framework. The legal authority and normative role of PACE’s recommendations and resolutions are substantiated through a comprehensive legal-theoretical framework. The importance of the study is that PACE's influence extends beyond the European region, with its documents and legal approaches impacting global legal systems, particularly in the context of human rights protection in accordance with international standards. In addition to analyzing PACE’s normative-legal mechanisms, the study reveals the practical and theoretical foundations of its legislative and partially executive functions. This approach highlights the need for a renewed definition of PACE’s legal status among the subjects of international law. Drawing on the scholarly views of renowned legal experts such as Antonio Cassese, Philip Alston, Christine Chinkin, Thomas Buergenthal, Latif Huseynov, and Amir Aliyev, the article emphasizes PACE’s contribution to the development of the rule of law and human rights in Europe. The study aims to enhance the effectiveness of human rights mechanisms in the context of cooperation between PACE and the European Court of Human Rights, and it represents a theoretically and practically valuable resource for both legal scholars and international decision-making bodies. Keywords: Parliamentary Assembly of the Council of Europe, legal status, human rights, international law, democratic oversight, normative acts, legal philosophy, Roman law, institutional structure, European Court of Human Rights.

Azerbaijani Lawyer JournalVol. 26(2)
Openalex Percentile: Top 70%
European and International Law Studies
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