Armenian parliament approves drastic changes to Constitution
22.06.2020,
15:47
An emergency session of Armenia's National Assembly has passed today in the first reading a set of changes to the Constitution.
YEREVAN, June 22. /ARKA/. An emergency session of Armenia's National Assembly has passed today in the first reading a set of changes to the Constitution.
MP from the ruling My Step faction, Vahagn Hovakimyan said the amendments propose a new edition of Article 213 of the Constitution, calling for termination of the powers of those judges of the Constitutional Court who have been in office for a total of more than 12 years. He said those judges who hold office for a total of less than 12 years will remain judges until their term ends.
According to the amendments, the powers of the chairman of the Constitutional Court Hrayr Tovmasyan are also terminated. "The election of a new chairman for a period of 6 years will be made after filling the vacancies that will emerge after these changes," Hovakimyan said.
Justice Minister Rustam Badasyan told the lawmakers that according to the advisory opinion of the Venice Commission of the Council of Europe, requested by Armenian authorities regarding the planned amendments to the Constitution the principle of the irremovability of judges is an extremely important guarantee, and the Commission advises that any changes that are in any way related to this principle are treated with great caution.
Badasyan also cited from the Venice Commission's opinion that the purpose of the changes is not to lower high democratic standards, and that there are no changes that would allow the political majority to control the appointment of judges.
The Minister explained also that the existing transition period specified in Article 213 is too long and leads to a disruption in the implementation of the constitutional reforms adopted in 2015.
In a related development Secretary General of the Council of Europe Maria Buric urged all authorities to be guided by the recommendations of the Venice Commission to overcome the constitutional crisis by unhindered implementation of the relevant provisions of the Constitution of 2015 and in accordance with Council of Europe standards.
The opposition Prosperous Armenia and Bright Armenia parties boycotted the extraordinary meeting of the National Assembly.
Parliament Speaker Ararat Mirzoyan said three hours were allotted for making proposals, after which the amendments will be put for the second and final reading.
The constitutional referendum initiated by the authorities and originally slated for April 5 was postponed indefinitely due to the coronavirus pandemic.
The originally proposed changes, which were to be put to a referendum, proposed to amend Article 213 of the Constitution. Its current wording states that "the chairman and members of the Constitutional Court, appointed before the entry into force of the 7th chapter of the Constitution of Armenia, continue to remain in office until the expiration of their term of office established by the Constitution as amended in 2005."
Moreover, this article is a transitional provision of the Constitution. It currently supports the 2005 amendments, from which it follows that until the entry into force of chapter 7 of the Constitution, the chairman and members of the Constitutional Court retain their posts until their 65th birthday.
That is, current chairman Hrayr Tovmasyan is to hold the job until 2035. Moreover, according to the 7th chapter that entered into force in the spring of 2018, judges will remain in their posts only for 12 years and no more than one term.
Under the current amendments, the powers of the chairman and members of the Constitutional Court are terminated, except for Vahe Grigoryan and Armen Dilanyan who were elected after 2015 referendum.-0-
MP from the ruling My Step faction, Vahagn Hovakimyan said the amendments propose a new edition of Article 213 of the Constitution, calling for termination of the powers of those judges of the Constitutional Court who have been in office for a total of more than 12 years. He said those judges who hold office for a total of less than 12 years will remain judges until their term ends.
According to the amendments, the powers of the chairman of the Constitutional Court Hrayr Tovmasyan are also terminated. "The election of a new chairman for a period of 6 years will be made after filling the vacancies that will emerge after these changes," Hovakimyan said.
Justice Minister Rustam Badasyan told the lawmakers that according to the advisory opinion of the Venice Commission of the Council of Europe, requested by Armenian authorities regarding the planned amendments to the Constitution the principle of the irremovability of judges is an extremely important guarantee, and the Commission advises that any changes that are in any way related to this principle are treated with great caution.
Badasyan also cited from the Venice Commission's opinion that the purpose of the changes is not to lower high democratic standards, and that there are no changes that would allow the political majority to control the appointment of judges.
The Minister explained also that the existing transition period specified in Article 213 is too long and leads to a disruption in the implementation of the constitutional reforms adopted in 2015.
In a related development Secretary General of the Council of Europe Maria Buric urged all authorities to be guided by the recommendations of the Venice Commission to overcome the constitutional crisis by unhindered implementation of the relevant provisions of the Constitution of 2015 and in accordance with Council of Europe standards.
The opposition Prosperous Armenia and Bright Armenia parties boycotted the extraordinary meeting of the National Assembly.
Parliament Speaker Ararat Mirzoyan said three hours were allotted for making proposals, after which the amendments will be put for the second and final reading.
The constitutional referendum initiated by the authorities and originally slated for April 5 was postponed indefinitely due to the coronavirus pandemic.
The originally proposed changes, which were to be put to a referendum, proposed to amend Article 213 of the Constitution. Its current wording states that "the chairman and members of the Constitutional Court, appointed before the entry into force of the 7th chapter of the Constitution of Armenia, continue to remain in office until the expiration of their term of office established by the Constitution as amended in 2005."
Moreover, this article is a transitional provision of the Constitution. It currently supports the 2005 amendments, from which it follows that until the entry into force of chapter 7 of the Constitution, the chairman and members of the Constitutional Court retain their posts until their 65th birthday.
That is, current chairman Hrayr Tovmasyan is to hold the job until 2035. Moreover, according to the 7th chapter that entered into force in the spring of 2018, judges will remain in their posts only for 12 years and no more than one term.
Under the current amendments, the powers of the chairman and members of the Constitutional Court are terminated, except for Vahe Grigoryan and Armen Dilanyan who were elected after 2015 referendum.-0-
