Evolution of civil rights protection mechanisms: a comparative study of Azerbaijan and the European Union - International Law And Integration Problems (Scientific-Analytical Journal) №2 2025

Açıqlama:

Effective protection of civil rights constitutes a fundamental element of the rule of law and a core requirement of modern civil justice systems. Contemporary legal orders increasingly recognise that the mere formal proclamation of civil rights is insufficient unless accompanied by accessible, effective, and enforceable judicial remedies. This article examines the evolution of civil rights protection mechanisms through a comparative analysis of Azerbaijan and the European Union. It explores how the concept of effective judicial protection has developed from a procedural guarantee into a substantive principle shaping civil law adjudication. Particular attention is paid to the role of courts in transforming civil rights from abstract norms into practical and effective entitlements, with special reference to the jurisprudence of the European Court of Human Rights. The article further analyses the constitutionalisation of civil remedies and the growing importance of proportionality, judicial reasoning, and enforcement as decisive elements of effective civil justice. It argues that while Azerbaijan has established a comprehensive normative framework for civil rights protection, further alignment with European standards—especially regarding access to justice, quality of judicial reasoning, and enforcement of judgments—would significantly enhance the effectiveness of civil justice. In methodological terms, the study employs comparative and doctrinal legal analysis, examining constitutional provisions, civil legislation, and judicial practice. Special emphasis is placed on the interpretative role of courts in shaping the practical effectiveness of civil rights through reasoned adjudication and enforceable remedies. The findings contribute to ongoing academic debates on the substantive dimension of civil rights protection within contemporary civil justice systems.


Müəllif : Parvin Guliyeva
Nəşr tarixi : 2025
Yüklənmə sayı : 24

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