THE NA EXTRAORDINARY SITTING TO PREVENT ARBITRARY INTERPRETATIONS OF THE CONSTITUTIONAL COURT’S DECISION
April 7 2014
The four NA non-government factions are planning to convene an
extraordinary sitting of the National Assembly, this week. This was
told by ARF MP Artsvik Minasyan in the conversation with Aravot.am.
The agenda of the sitting will be dedicated to the decision of the
Constitutional Court pertaining to mandatory funded pension system.
According to our interlocutor, the problem now is purely technical.
After taking the form for calling for an extraordinary sitting in
compliance with NA regulations, the required number of signatures,
13, should be provided within 24 hours. Since there are no four-day
sittings by April 28, as explained by Artsvik Minasyan, it may
happen that many MPs would not be in Armenia, which will cause
technical problems. Our interlocutor also added that they would
do their best to convene the extraordinary sitting this week. In
the extraordinary sitting, the opposition members will dispute the
arbitrary interpretations of the Constitutional Court’s decision
made by some representatives of political majority and members of
the government.
The opposition will try to reach the point that the restitutions are
made distinct and clear by the law. “The Constitutional Court has
said that it is under the competency of the National Assembly and
the government, which they should do based on the decisions of the
Constitutional Court. And since the government has adopted approach
of neglecting the Constitutional Court’s decision, we should try to
do it through the legislative body. If it also fails, we’ll do it by
the court within the administrative court hearing as illegitimacy of
a number of government decisions,” said Artsvik Minasyan. He alleges
that the problem is solved conceptually: the Constitutional Court has
recognized the mandatory component Constitution-conflicting, and the
components invalid and mandatory can never be restored. The purpose of
the transitional phase, until September 20 by the CC decision, as per
ARF MP, is as follows, “If the Constitutional Court had recognized
the norms directed to settlement of the citizens’ rights, and as
a result the citizens’ rights are violated, it will turn out that
recognition of invalid has caused a worse outcome. Therefore, it is
said that the norms directed to protecting citizens’ rights are not
recognized invalid, they are left until September for the Government
and the National Assembly to provide a legislative settlement.” Now,
the whole question, according to Artsvik Minasyan, is the possession
of funded amounts accrued in the funds, which can be used by the
managers in the risky investments by causing harm to the citizen,
his rights, and interests. Therefore, the meaning of the deferral,
as the MP is convinced, is this and the Constitutional Court has
provided this explanation for deferral by its No 701 decision
dated the year of 2007. The interpretations made by the Government
representatives and Republican David Harutyunyan, according to
Artsvik Minasyan, are contrary to legal regulations, the Laws on
Basics of Administration and Administration, the Constitution, and the
Constitutional Court’s legal positions. And what will happen to those
citizens who have forcedly joined the system? If you accept in the
theory that the mandatory component is announced invalid, will these
citizens be able to refuse? “The citizen’s discretion predominates,
and any technical or organizational type of the restriction cannot
be a priority against possession of the citizen’s property at its
sole discretion. In the result of incorrect interpretation, today,
they are trying not only to cancel it, moreover, they are trying to
compel that it should continue until September. It is illegal. This
is the very meaning of recalculation. If we accept in the theory that
if a new package was is brought until September, it cannot have a
retrospective force. The citizens should be offered to accumulate,
or withdraw. The person should have this right from now on.” To the
question of whether you have a hope that the new prime minister and the
new government will display a different approach, Artsvik Minasyan said
that he believes that there is a favorable environment to voluntarily
suspend this anti-constitutional law and to implement steps to improve
the atmosphere. “This is a very good chance for the new government.
Whether the newly formed government will use the chance or not,
I would very much like for the political majority to realize and
exercise a move. Otherwise, it would turn out that we are again
leading the community to confrontation.”
Nelly GRIGORYAN
Read more at:
http://en.aravot.am/2014/04/07/164558/