ArmInfo.. From the first day, the activities of the new government of Armenia are aimed at establishing constitutional reality in Armenia. The Prime Minister of Armenia Nikol Pashinyan stated this in an interview with the Public Television Channel of Armenia."It should be noted that for many years my political team and myself, while still in the opposition, talked about constitutional reality, and I noted that the establishment of constitutional reality in Armenia is of primary importance.
Speaking of constitutional reality, I mean that in our Constitution a number of provisions were fixed in the country, while in reality, everything was exactly the opposite. Our government from the first day of its work, was aimed at establishing constitutional reality in Armenia, and in our country There are already concrete achievements on this issue, in particular, the problem was that the Basic Law stipulated that power belongs to the people, and the people form their power through free elections, but such a process has not occurred since 1991, with the exception of the parliamentary elections of 1999, and we today, have formed this constitutional reality. Today, every citizen of Armenia knows that he can create power, both at the level of local self-government and at the state level, "- emphasized the prime minister. Pashinyan also touched on the connection of constitutional reality with the Constitutional Court.
In particular, he noted that the Constitution, which entered into force on April 9, 2018, described the model of the Constitutional Court, which was highly praised by various international structures. They noted that this model of the Constitutional Court is balanced, and it has certain and concrete guarantees of independence.
Also, given the fact that distrust has developed over the institute of Constitutional Court in Armenia over many years, this model is the way that will help restore confidence in the Constitutional Court. What is the difference between the previous and current models? It is, in particular, that in the previous model candidates for the position of members of the Constitutional Court were nominated by the President of Armenia or the chairman of the National Assembly and he was elected by the parliament. According to the new model, three candidates for judges of the Constitutional Court are nominated by the president, government and the General Assembly of Judges. It should also be noted that the two institutes that nominate candidates for the position of judge of the Constitutional Court are non-partisan, in particular, the president and the General Meeting of Judges. According to the new regulations, the danger of the politicization and partisanship of the Constitutional Court is substantially neutralized. "The Prime Minister said that the second feature is that the term of the judge is limited. "If previously members of the Constitutional Court were elected for life, now it's clearly stated that his term of office is 12 years, and the same person cannot be members of the Constitutional Court more than once. The second feature is that the head of the Constitutional Court is not elected by the National The meetings, unlike the previous version, and the members of the Constitutional Court elect their chair for a term of 6 years, only once. This is important, since in this way the head of the Constitutional Council will be deprived of the opportunity to approve hegemony in the Constitutional Court, "the prime minister emphasized. According to him, it is very important to implement amendments to the Constitution. "We have introduced a completely new system of government, which is a mechanism - a single whole, and all the details of this mechanism should correspond to the parameters described in our Constitution,"- said Pashinyan. To the remark that since the authorities, one way or another, were going to implement the Constitutional amendments, so why they have now accelerated this process, the Prime Minister noted: "Constitutional amendments will be very complex, profound changes. When we talk about constitutional amendments, we are talking about the reform of the current Constitution, and it is impossible to develop the current Constitution if the current Constitution has not de facto entered into force. We want to bring the current Constitution into force in order to obtain a constitutional flax. "
He emphasized that if nothing changes in the Constitution, then we will miss the election of the head of the Constitutional Court twice.
The Prime Minister did not agree with the allegations that the chosen path was not legal, recalling that the National Assembly could make constitutional changes. "Since they need to be sent to the Constitutional Court, which is now undergoing a crisis, and the judge cannot participate in the consideration of the case concerning him, and the Constitution states that if the National Assembly does not accept a package of constitutional amendments, then a 3/5 vote can be put to a referendum, therefore, there is no legal problem. That is, there are no problems in the legal aspect, "Pashinyan summed up the line. It should be noted that at an extraordinary sitting of the National Assembly of Armenia on February 6, the deputies voted "for" the issue of the need to adopt amendments to the Constitution, providing for the termination of the powers of the chairman and members of the Constitutional Court for a referendum. We are talking about article 213 of the Constitution governing 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.