Паст инфо

An open discussion of the research titled ‘The process of realization of decisions of the Constitutional Court in Armenia’ took place at the RA Constitutional Court. It was published by the Chamber of Lawyers with support of the OSCE office in Yerevan. The authors are H. Alumyan, K. Mejlumyan, T. Hayrapeyan, A. Grigoryan. The president of the RA Constitutional Court Gagik Harutyunyan, other members of the CC, lawyers and research authors took part in the discussion.

One of the research authors lawyer Karen Mejlumyan stated that the research authors included such facts whether different decisions of the Constitutional Court are exercised by the judiciary, the National Assembly and the executive branch. According to one of the research authors, it will give people a chance to use this study for getting informed on what the position of the CC is and how the CC decisions are applied, for instance by General Jurisdiction Courts, by the National Assembly. Research authors came to conclusion that in many cases those decisions were not implemented by the Court of Cassation. Thus, suggestions are introduced to solve this matter, where the constitutional way is not at all excluded.

The president of the CC Gagik Harutyunyan stated that this book is not an evaluation of the CC decisions, but rather an analysis on how the CC decisions are applied.

‘Every year we prepare a program, where we raise these issues. We are interested in how it is seen from the side, what difficulties the lawyers have and what solutions they may suggest’, G Harutyunyan said. The president of CC highlighted that the main objective is to be able to increase the protection of rights and make the constitutional rights direct functional rights.

G. Harutyunyan also mentioned about the summit called by the CC titled ‘Cooperation of various government institutions to ensure the implementation of decisions of the CC’ where 20 states took part, 8 of which at high level. ‘Once again the objective was to find new approaches and solutions for the existing matters by taking the international experience and our practice into consideration’. According to the CC President some international delegations were impressed by the solutions that were introduced in Armenia. In particular, the legislative amendments in this regard in November last year might be a turning point: ‘Our practice has shown that a new approach is needed here, and it was found’ where the court is able to play a more active role in the protection of subjective rights.

G. Harutyunayan proposed to organize a summit in Armenia in the beginning of July 2013 within the presidency of Armenia in the European Council titled ‘European legal standards and limits of discretion’. According to the CC President it is a very urgent topic in the member countries of the Council of Europe which is globally related to the issues of the European common area. Legislative bodies, the Constitutional Court, the highest judicial tribunals of general jurisdiction, the representatives of the Ministry of Justice, the European Court of Human Rights, Venice Commission experts are suggested to participate in the conference.