The President and Members of the Constitutional Court Must Continue to Serve: Venice Commission's Response

Arpine Hovhannisyan has made a post on her social media page. The Venice Commission's position regarding vetting and Vahak Grigoryan's legal-political statement is significant in several aspects, as noted in the conclusion of the Venice Commission's plenary session document concerning Armenia:

1. "After the court's decision to release former president Robert Kocharian on personal guarantees, Prime Minister Pashinyan sharply criticized the courts, called on his supporters to block the entrances to the courts, and spoke about the renewal of the judicial authority. The president of the commission (Bukhikian) acknowledged in his letter to the Prime Minister that there is a lack of trust in the courts but insisted that all measures taken must comply with the Constitution and international standards."

1.1. A senior delegation from the Council of Europe arrived in Armenia at the invitation of the Armenian authorities to discuss judicial reforms. "It has been agreed that the overall vetting of all serving judges is neither necessary nor useful. Instead, disciplinary procedures should be strengthened, and a connection to the income declaration system should be established." It seems unnecessary to elaborate that, in the opinion of the Venice Commission, the call for blockades and the subsequent measures are not in line with the Constitution and international standards. The political motivation behind such behavior is evident, and as for the vetting, to put it mildly, it is neither urgent nor beneficial, thus the authorities have agreed to abandon that idea, which is certainly commendable.

2. Another important emphasis of the Commission pertains to the confusion surrounding the Constitutional Court. The Commission has been informed about the comments made by Vahak Grigoryan and consequently stressed the following: "The revised article 213 of the Constitution still clearly states that the appointed president and members of the Constitutional Court must continue to serve until the end of their mandates indicated by the 2005 Constitution, before the constitutional amendments come into force. It is concerning that this statement by the judge has been welcomed by the parliament, and there is a risk of interference with the mandates of serving judges."

Everything seems clear here as well. There is no need for additional color commentary: the separation of the CC judge and member is fictitious. I would like to add that the Commission has authorized its president, Z. Bukhikian, to monitor developments on this matter and to make a public statement as necessary.