Category
Politics
STATEMENT BY THE REPUBLICAN PARTY OF ARMENIA
After being elected judge of the Constitutional Court by the National Assembly of the Republic of Armenia, on June 20, 2019, Vahe Grigoryan, pursuant to Article 5 of the Constitutional Law “On the Constitutional Court”, took an oath of office, and while he was taking the oath of office, he declared that he is assuming the powers of President of the Constitutional Court.
Recording that:
- Pursuant to Article 18 of the Constitutional Law “On the Constitutional Court”, the Vice-President of the Constitutional Court shall temporarily perform the powers of the President of the Constitutional Court in case of absence of the President of the Constitutional Court.
The elder judge of the Constitutional Court shall temporarily perform the powers of the President of the Constitutional Court in case of absence of the President and Vice-President of the Constitutional Court.
- Article 213 of the Constitution of the Republic of Armenia clearly prescribes that the President and members of the Constitutional Court appointed prior to entry into force of Chapter 7 of the Constitution (the day of assumption of duties by the President of the Republic of Armenia — April 9, 2018) shall continue to serve in office until the end of the term of their powers, as prescribed by the Constitution amended in 2005.
- Even with a narrow and extremely literal interpretation of Article 213 of the Constitution of the Republic of Armenia with respect to the President of the Constitutional Court, it is clear that Hrayr Tovmasyan, who was elected President of the Constitutional Court on March 21, 2018, must “continue to serve in office until the end of the term of his powers, as prescribed by the Constitution amended in 2005”.
- However, the same concerns other members of the Constitutional Court. Members of the Constitutional Court appointed prior to entry into force of Chapter 7 of the Constitution shall continue to serve in office until the end of the term of office prescribed by the Constitution amended in 2005 and, in this case, the constituent shall not see any difference between a member of the Constitutional Court and a judge of the Constitutional Court.
- According to the Constitution of the Republic of Armenia, the duties of both a member of the Constitutional Court and a judge of the Constitutional Court shall be the same, that is, implementation of constitutional justice within the composition of the Constitutional Court.
- According to Article 213 of the Constitution of the Republic of Armenia, nominations for vacancies for judges of the Constitutional Court following entry into force of Chapter 7 of the Constitution shall be made sequentially by the President of the Republic, the General Assembly of Judges and the Government.
- If Vahe Grigoryan’s interpretation was correct, this would mean that the seats of all judges of the Constitutional Court are vacant starting from April 9, 2018 and that the President of the Republic of Armenia, the General Assembly of Judges and the Government had to immediately nominate three candidates for judges. However, it is clear that this was not the case since interpreting the Constitution in such an absurd way hadn’t even crossed anyone’s mind. However, perhaps the political realities dictated to some people that the time has come for a new way of distorting the Constitution.
- Moreover, based on the logic of the arguments that Grigoryan has made, we have to come to the absurd conclusion that there are two Constitutional Courts operating in Armenia: members of the Constitutional Court serve in one Constitutional Court, and judges of the Constitutional Court — in the other one. In law, there is a type of logical conclusion that is referred to as “reductio ad absurdum”. If any interpretation of a norm entails absurdity (for instance, having two Constitutional Courts), the interpretation of that norm may not be acceptable.
The Republican Party of Armenia declares:
- The specified developments are the continuity of the efforts of the incumbent authorities to undermine constitutionality in the country and are the attacks of Prime Minister of the Republic of Armenia Nikol Pashinyan against the judiciary that he had launched in May of this year.
- The ruling political majority and Nikol Pashinyan personally bear full liability for the constitutional crisis that is deepening in Armenia.
- We will continue to be consistent and lead a struggle to preserve the Constitution and maintain lawfulness within the borders of Armenia and on international platforms.
Executive Body of the Republican Party of Armenia