Gianni Buquicchio expresses concern over Constitutional Court imbroglio in Armenia
30.10.2019,
11:23
Head of the Venice Commission Gianni Buquicchio has expressed concern over the conflict between the Armenian National Assembly along with the Government and on the other side the Constitutional Court.
YEREVAN, October 30. /ARKA/. Head of the Venice Commission Gianni Buquicchio has expressed concern over the conflict between the Armenian National Assembly along with the Government and on the other side the Constitutional Court.
“I have been closely following the situation in Armenia for several months already," he said in his statement. "I am very preoccupied about the open conflict between on the one side the Government and Parliament and on the other side the Constitutional Court."
In his opinion, the quick succession and mediatisation of recent events do not contribute to a serene settlement of the problems.
"In a Democracy, the parliament is the depositary of popular sovereignty and thus enjoys the highest democratic legitimacy," Buquicchio said. "The constitutional court is a safeguard institution, entrusted with upholding constitutional values."
In a democratic country, he said, all state institutions and office holders have to respect their own prerogatives, obligations and competences and acknowledge and respect those of the other institutions. They have to exercise appropriate institutional restraint, observe the relevant procedures in good faith and display respect for each other.
"If this is not done, if there lacks democratic culture and maturity, the functioning of the state institutions is compromised and the democratic, civil and economic progress of the society is jeopardized," Buquicchio said. "I call on all sides to exercise restraint, mutual respect and constructive institutional cooperation in order to de-escalate this worrying situation and re-establish the normal operation of the Constitution of Armenia”.
On October 4, the Armenian National Assembly upheld My Step faction's initiative to strip Hrayr Tovmasyan, head of the Constitutional Court, of his powers. The initiative was sent to the Constitutional Court for approval. However, the court didn't sustain the initiative.
It became known on October 17 that the Special Investigative Service of Armenia, responding to MP Arman Babajanyan's report addressed to the prosecutor general and having enough evidence, had opened a criminal case over seizure of power. The lawmaker says Tovmasyan had been elected in spring 2018 as member of the Constitutional Court in a clear breach of the law.
Besides, Hrayr Tovmasyan is also charged with power abuse, committed when he was justice minister from 2010 to 2015. -0---
“I have been closely following the situation in Armenia for several months already," he said in his statement. "I am very preoccupied about the open conflict between on the one side the Government and Parliament and on the other side the Constitutional Court."
In his opinion, the quick succession and mediatisation of recent events do not contribute to a serene settlement of the problems.
"In a Democracy, the parliament is the depositary of popular sovereignty and thus enjoys the highest democratic legitimacy," Buquicchio said. "The constitutional court is a safeguard institution, entrusted with upholding constitutional values."
In a democratic country, he said, all state institutions and office holders have to respect their own prerogatives, obligations and competences and acknowledge and respect those of the other institutions. They have to exercise appropriate institutional restraint, observe the relevant procedures in good faith and display respect for each other.
"If this is not done, if there lacks democratic culture and maturity, the functioning of the state institutions is compromised and the democratic, civil and economic progress of the society is jeopardized," Buquicchio said. "I call on all sides to exercise restraint, mutual respect and constructive institutional cooperation in order to de-escalate this worrying situation and re-establish the normal operation of the Constitution of Armenia”.
On October 4, the Armenian National Assembly upheld My Step faction's initiative to strip Hrayr Tovmasyan, head of the Constitutional Court, of his powers. The initiative was sent to the Constitutional Court for approval. However, the court didn't sustain the initiative.
It became known on October 17 that the Special Investigative Service of Armenia, responding to MP Arman Babajanyan's report addressed to the prosecutor general and having enough evidence, had opened a criminal case over seizure of power. The lawmaker says Tovmasyan had been elected in spring 2018 as member of the Constitutional Court in a clear breach of the law.
Besides, Hrayr Tovmasyan is also charged with power abuse, committed when he was justice minister from 2010 to 2015. -0---
