Discussion on the Topic “The Issue of Constitution Reforms in the Agenda of the Authorities”

A discussion on the topic «The Issue of Constitution Reform in the Agenda of the Authorities» was hosted in Media Center on July 4 of 2019.

Haykuhi Harutyunyan, the President of the Protection of Rights without Borders was a speaker during the discussion.

The discussion was hosted to understand why the current authorities delay the measures directed towards the Constitution reforms.

Referring to the delay of the measures directed towards the Constitution Reforms by the Government, Haykuhi Harutyunyan mentioned, that they as civil society representatives are waiting for the clarificaitons of the current authorities.

«A number of lawyers mentioned opinions, which I do not share, that the Constitution Reform or the failure of the referandum will create additional problems in our society» – mentioned H. Harutyunyan.

According to H. Harutyunyan, if we accept, that the RA Constitution will not be changes, in that case the executive authorities should have an extended reform agenda, where the problems that were raised in our society should be harmonised, which would enable the implementation of the Constitution Reforms.

As stated by H. Harutyunyan, today we do not have an extended reform agenda and do not have a discussion platform for the Consitutional changes. In this context, it is not clear what kind of scenario the Government has, since there is no discussions in that regard.

«We are constantly listening annoucement related to the judicial reforms, which are really very important, but in that regard we do not see any realistic measures. In declarative level, we have constant annoucements, but the measures taken in that regard are missing»- mentioned H. Harutyunyan.

According to H. Harutyunyan, within the context where the Constitution was adopted, the later had other purpose which aimed to reproduct the former president in the position of the RA Prime Minster.

The opinions and observations proposed by us are not accusations directed to the current authorities, but rather readiness and support offered in the form of expertise.

Accoridng to H. Harutyunyan, in terms of implementing of vetting some Constitution obstacles will be faced during decision making processes. «It was mentioned, that some of the vetting procedures will be implemented by the Supreme Judicial Council. There are some legislative regulation problems related to the formation and authorities of the Supreme Judicial Council. Even the observations made by the Venice Commission on the Constitution law and Judicial Code are not yet addressed. Today, the Judicial Code is also considered problematic from the perspective of Supreme Judicial Council activities. Some concerns were raised regarding the decisison making mechanims of the Supreme Judicial Council and if we are not going to make some corrections, we will create a new authority for the Supreme Judicial Council to filter, attestate and evaluate the judges and that will enlarge the concern which will not be justified from the perspective of rule of law and the principals of legal state».

As informed by H. Harutyunyan, the Protection of Rights without Border NGO published a report on the qualification examination for the judge candidates, where a number of problems were raised».

«Even, the change of persons in judicial system will not be considered a gurantee, that the new appointments will be carried out so to ensure a perfect biography for the candidates having the relevant professional abilities. Only during the checking of written qualification test, the legislative regulations were so incomplete, that it allows the Supreme Judicial Council to adopt a decision according to the inner conviction of the members of the Supreme Judicial Council. There is no justification for adopting that decision, which will be accessible to the candidate, who will understand why the concrete member of the Council made the very decision during the oral interview».