Venice Commission: Armenia`s Judicial Reform Package generally  deserves praise however judges` retirement scheme should be strictly  voluntary

ArmInfo. The Judicial Reform Package, developed by the Ministry of Justice, generally deserves praise, according to the opinion of the Venice Commission. The  authors of the document stress that the large majority of proposals  contained in the Package are in line with European standards and  contribute to combating corruption without, at the same time,  encroaching on the independence of the judiciary. 

In the process of preparation of the Package the Government of  Armenia acted in a responsible and thoughtful manner and demonstrated  openness to dialogue with all interlocutors, within and outside the  country. The Armenian society was dissatisfied with the situation in  the judiciary, and that was one of the reasons behind the "velvet  revolution". There is a strong popular demand for quick and visible  changes in this area, which explains why the new Government has  decided to examine critically the composition of the judicial branch  of State power. Originally its intention was to introduce  extraordinary vetting procedures to check the suitability of existing  judges.  However, despite the broad political mandate they obtained  following the elections, the Government refrained from a headstrong  approach and, instead, engaged in a dialogue within the Armenian  society and with its international partners. As a result of this  dialogue, the most radical proposals for the reform were abandoned,  and the Government developed more tailor-made solutions. The Venice  Commission welcomes this approach and invites the Government to  proceed with the future reforms in the same spirit of dialogue and  inclusiveness.

However, according to Venice Commission one aspect of the proposed  reform stands apart, namely the early retirement scheme proposed to  the judges of the Constitutional Court appointed for life under the  Constitution before the 2015 revision. In principle, it is important  to respect the stability of a judicial office. It is not acceptable  to change the composition of the Constitutional Court every time a  new Government comes to power.  However, in principle, provided that  such a scheme remains strictly voluntary and does not hamper the  effective functioning of this Court, there are no standards that  would lead the Venice Commission to oppose it. The Venice Commission  remains at the disposal of the Armenian authorities for further  assistance in this matter.