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Can the Milli Majlis abolish the Tariff Council?

Can the Milli Majlis abolish the Tariff Council?

Speaking at the plenary session of the Milli Majlis on February 1, MP Tahir Karimli said that according to the Constitution, the highest goal of the Azerbaijani state should be to improve the welfare of the people.

"The Tariff Council limits the highest goal of the state to improve the welfare of the people. We urgently need to abolish the Tariff Council. Or the decisions of the Tariff Council should be reported to us," she said.

Fakt Yoxla analyzed the legislation on the MP's claim.

According to Paragraph 7 of Article 109 of the Constitution of Azerbaijan, the President establishes central and local executive authorities within the expenditures provided for executive power in the state budget.

The Regulation on the Tariff Council was approved by the Presidential Decree dated December 26, 2005. The Council was established as a collegial executive body that carries out state regulation of prices, service fees, and charges.

The 12-member council is chaired by the Minister of Economy and consists of deputies from the country's leading ministries and committees. The council reports to the President, is accountable to him, and thus belongs to the executive branch of government.

In Azerbaijan, the legislative power is exercised by the parliament, and the executive power is exercised by the president. According to the form of government, Azerbaijan is a country ruled by a president.

This form of political governance gives the president ample opportunity and authority to govern the country. In the country, the legislature and the executive control each other's activities in different ways.

Article 95 of the Constitution provides for the powers of the Milli Majlis and in what matters and how it may influence the executive branch. This article refers to the mechanism of separation of powers.

According to Article 95, the Milli Majlis approves decrees issued by the President, as well as appointments to various higher positions and courts of higher instance on the basis of the President's nomination. It also oversees the state budget, which can be considered the most important of these, and establishes the Chamber of Accounts for this purpose.

The constitution does not provide for the power of parliament to dissolve or abolish a body subordinate to the executive branch. In other words, the Milli Majlis has no authority to abolish the Tariff Council.

Analysis
  • 17 February, 2021
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