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 Monday, February 10 2020 12:49
David Stepanyan

Parliamentarian: A political assessment of the key role of the  Constitutional Court in shaping the previous regime is inevitable

Parliamentarian: A political assessment of the key role of the  Constitutional Court in shaping the previous regime is inevitable

ArmInfo. One way or another, the National Assembly needs to assess the essence of the previous regime, and, of course, the key role and significance of the  Constitutional Court in its formation. An independent member of the  Armenian parliament Arman Babajanyan expressed such an opinion to  ArmInfo.

"In this light, I do not at all consider the parliament's submission  of the Constitutional Court's legitimacy to a popular referendum as a  major step. I think and expect that very soon we will see no less  important steps from the legislature. I can't say when exactly the  "My step" bloc faction will realize this need  But sooner or later, a  legal and political assessment of the 20-year seizure of the state  and the role of everyone in this process is inevitable, "he stressed.

In this light, the parliamentarian assesses the upcoming referendum  as the best available opportunity to reach consensus with the  international community. Babajanyan noted with satisfaction that,  unlike its predecessors, the current government showed prudence and  flexibility and adequately responded to certain warnings of PACE and  the Venice Commission of the Council of Europe. In his opinion, the  decision adopted by the parliament should find understanding in  Europe.

At an extraordinary sitting of the National Assembly of Armenia on  February 6, the MPs voted "for" holding a referendum on the  amendments to the Constitution, providing for the termination of the  powers of the chairman and members of the Constitutional Court. The  matter concerns article 213 of the Constitution stipulating the  tenure of members and the chairman of the Constitutional Court. The  adoption of the amendments will allow the resignation of the current  composition of the Constitutional Court.

The parliamentarian, at the same time, is convinced of the absence of  criticism of the Europeans regarding the process of holding the  referendum. The referendum, according to his information, was the  result of a consensus reached by the Armenian authorities - the  speaker and the head of the National Assembly's Foreign Relations  Commission with the Ambassadors of the OSCE countries in Armenia.

In the process of organizing a referendum in order to achieve the  necessary participation and "yes" of citizens to amendments to the  Constitution, Babajanyan attaches great importance to the main  slogans of the referendum. In this light, he noted the presence of  very dangerous calls from the former authorities.  According to him,  the "formers" are very concerned not so much with the prospect of  overcoming the crisis around the Constitutional Court, but with the  prospect of the current government gaining another vote of  confidence. The latter, according to his forecasts, will completely  destroy all the programs and plans of the "formers" regarding the  achievement of revenge and their own return to power.

According to the logic of the ruling party, the continued exercise of  the powers of judges of the Constitutional Court, appointed before  the constitutional reform of 2015, creates a discrepancy between the  terms of office of judges appointed by the Constitution of 1995 and  appointed by the Constitution of 2005, while the powers of judges  appointed after 2015 are generally limited to 12 years. At the same  time, the head of the Constitutional Court Hrayr Tovmasyan was  elected to this post after the adoption of the new Constitution, but  before its entry into force. 

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