GRECO: President and members of the executive of Azerbaijan exercise considerable influence on legislature and judiciary
Eliminating undue influence and political interference are crucial for preventing corruption within the legislature and the judiciary in Azerbaijan, reads the Council of Europe’s Group of States against corruption (GRECO) Report on Azerbaijan dealing with corruption prevention in respect of members of parliament, judges and prosecutors. The report is published on the website of the organization.
“Although the principles of independence and the separation of powers are enshrined in the Constitution and key laws of Azerbaijan, the institutional set up grants particularly strong powers to the President and members of the executive, who exercise considerable influence on the legislature and the judiciary, including the Prosecutor’s Office. This environment lacks transparency and is prone to political favouritism and corruption,” the report reads.
According to the report, allegiance to the executive is common to the three professional groups under review. MPs belong to or support the party led by the President. A weak opposition is characteristic of the political system. This and the restrictions imposed on parliamentary debates significantly limit the legislative process. Judges and prosecutors are directly or indirectly appointed by the President, while the Judicial Legal Council – the key judicial self-governing body – is subordinated to the Ministry of Justice. Such a framework can create opportunities for undue influence and political interference in the independent functioning of the legislature and the judiciary, eroding institutional checks and balances and generates significant corruption risks.
Another factor which is characteristic of the above-mentioned groups is the lack of controls on accessory activities and asset disclosure. The law on asset disclosure adopted in 2005 is still not enforced. It provides for sealed, confidential asset declarations. Moreover, information on company organizational structures and ownership was withdrawn from the public domain in 2012. Building accountability of individual MPs, judges and prosecutors and their respective institutions appears to be problematic also in the context of restrictions on and self-censorship of the media, the report reads.
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