ArmInfo. Guarantee of legal security is a vital condition for the existence of any state. Constitutional Law Specialist Gohar Meloyan said on February 14 in the discussions "Constitutional Security. Challenges and Solutions".
"It is a pity that in the 21st century, when there are so many different challenges in the world, such as possible environmental disasters or threats of the coronavirus, we are faced with the problem of legal security in our country. Guaranteed legal security is a vital condition for the existence of any state. Legal security is to ensure the constitutional security of the country, "she stressed.
Meloyan also spoke about threats to legal security. "The threat to legal security is a possible lack of constitutionality, which we witness today. This is such a situation when there is a gap between constitutional norms in the country and the factual situation. That is, when a political force leaves these circles, acting out of its interests, "the expert said.
According to her, another threat is the inconsistent enforcement of the rule of law. "The rule of law is one of the most important pillars of any legal state, the elements of which are law, the prohibition of arbitrariness, the creation and maintenance of justice by impartial courts. Of course, we are witnessing the violation of all these important pillars," Meloyan emphasized.
If the "Yes" initiative wins, then the situation will actually arise that the powers of seven judges of the Constitutional Court will be terminated. "We do not have domestic court, which judges could apply to restore their violated rights. In this case, such a body would be the European Court of Human Rights. There is some practice when the powers of judges in different countries have been suspended. In such cases, the ECHR not only obliged to compensate for material and moral damage, but also obliged the state to restore the powers of these judges, "said the expert.
Meloyan noted that in this case a situation will arise when a new Constitutional Court will be formed, and it will be unclear how the ECtHR requirement will be implemented. "In addition, a situation will arise when the Constitutional Court is formed solely by one political force, which leads to a violation of the impartiality and objectivity of the court, as well as to the destruction of the principle of delimitation of branches of government," she said.
Meloyan also stated that representatives of the legal community will form a ''No'' campaigning group, but will not submit a political application.
It should be noted that on February 6, the parliament adopted a referendum decision at which Armenian citizens will decide whether they agree to amend the Constitution of the country. On April 5, a constitutional referendum will be held in Armenia, at which the issue of judges of the Constitutional Court will be decided. Many MPs and human rights activists said that this decision is unconstitutional, since initially the MPs had to send their proposal to the Constitutional Court.
According to the decision adopted on February 11 at the CEC meeting, the campaign will be held from February 17 to April 3.
