The protection of public interests by third parties is a mechanism for protecting rights that originates from Roman law. Currently, the protection of third parties’ rights by associations and organizations is an active mechanism in several European countries, and the existence of this mechanism is especially important in the context of protecting the rights of vulnerable groups.
In a conversation with Iravaban.net, Mariam Zadoyan, an anti-corruption expert at the Armenian Lawyers Association, noted that the implementation of public interest protection by organizations has in one way or another received constitutional recognition in the constitutions of several European countries.
“The Constitutional Court, by decision SDO-906, found that the RA Administrative Procedure Code may establish cases and procedures for interested (statutorily empowered) non-governmental organizations, as legal entities, to exercise the right to appeal to court for violated rights of individuals in a given field, taking into account trends in current European developments regarding the institution of actio popularis complaints,” said Mariam Zadoyan.
According to the expert, current legal regulations allow non-governmental organizations to appeal to court on issues of environmental protection, as well as the protection of rights of persons with disabilities. However, it is necessary to expand this list, as well as to improve the principle of actio popularis in the domestic legal system.
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