President Presents Proposal for Appointments of Constitutional Court Members

President Armen Sarkissian met with several members of the Professional Commission on Constitutional Reforms. Participants included Justice Minister Rustam Badasyan, Head of the Commission and Armenian Representative at the European Court of Human Rights Yeghishe Kirakosyan, legal scholars Anahit Manasyan and Armen Mazmanyan, President of the Armenian Lawyers Association Karen Zadonyan, and Head of the NGO ‘Civil Society Development’ Daniel Ioannisyan.

Emphasizing the necessity of constitutional changes, the President welcomed the establishment of such a professional commission by the Prime Minister. He stated, “As a commission, you will be dealing with one of the most critical issues for our country—the reform of the number one law.” He assured that the Presidential Office and the presidential institution will approach this process with utmost seriousness and will participate actively.

The participants discussed the commission's work and the document drafting process, presenting their observations. In his remarks, President Sarkissian noted that addressing any issue, including constitutional matters, without acknowledging that the world is changing would be fundamentally wrong. “If we are going to make constitutional changes, we must take into account that the reformed and developed Constitution must live and function in Armenia and the 21st century,” he said.

Regarding discussions on whether to adopt a presidential or parliamentary system, the President remarked that both can be very effective or very ineffective. “To discuss today whether to adopt a presidential or parliamentary system is a deviation from the core issues,” he stated. He added that since we currently have a parliamentary system, it is crucial to explore how to ensure that this system is among the best, according to our Constitution and the laws stemming from it. “If you take the best of the world and apply it directly and unchanged, it won’t work. When we say we need to find our national model, it’s not an abstract concept. It does not aim to make us a unique nation or state but means we must take the best experiences from around the world and apply them while considering our culture, history, and our current realities. We need to find our solution that is the best.”

In this context, the President deemed public discussions and broad societal participation as extremely important. “Public discussions about constitutional changes should begin as soon as possible, even before the document is formulated in legal language,” President Sarkissian emphasized, highlighting the need for a public guideline for constitutional changes, which should be an accessible and understandable document for the public. After that, taking into account public opinion, it should be transformed into a legal document.

“The guideline should be public. There are various paths—listen to the President, the Prime Minister, and the National Assembly, and once the guideline is formulated, put it up for public discussion. Find the means for the public to discuss the guideline. It should not happen that the Basic Law is written, sent to the National Assembly, and only then do we think about public discussion. The guideline should be put up for discussion beforehand so that the general populace knows what changes you are aiming for. One way to create a trustworthy document for everyone is through the public discussion of the guideline, and the sooner, the better,” he stated.

Referring to one of the members’ views regarding the direct election of the President, Armen Sarkissian specifically noted, “I try to be the kind of President who is neutral. All of you want the President not to be party-affiliated, not leaning left or right, but to be someone who can carry out their powers correctly. In crisis situations or when mediation is necessary, you need to be right in the middle. This is indeed very difficult, and direct election can aid this process. To be a mediator, it must be very clear that at least the majority of the public does not see you as a supporter of the right or left but understands you as someone who should be above all political processes and right in the middle.”

He also described direct democracy, through which every individual can express their opinion today and make their voice heard. Thus, politicians are accountable not only once a year or every five years but today, at this moment, every day. There is also another instrument for direct democracy—referendums. I favor the expression of the people’s will. In today’s circumstances, referendums can be very effective tools, not only for Armenia but for any country. This is an instrument of direct democracy, and we should not shy away from using it; rather, we should take advantage of it.

Discussing the country’s Fundamental Law, the President stated that the Constitution is also a culture and a philosophy. “The Constitution, constitutionality, and statehood are not merely written laws on paper,” said President Sarkissian. “When we consider the constitutionality of a given law, it is imperative not only to look at whether that law complies with the Constitution on paper. The countries that believe in their Constitution and the supremacy of law succeed. Our ultimate goal should be that our society does not violate the law, as it would not exist in their culture.”

Highlighting the importance of clear mechanisms of checks and balances, President Sarkissian noted that this would help avoid the problems and situations that the presidential institution faced over the past two years. He cited the example of the issue of selecting a judge for the Constitutional Court, stating that under the current legislation, the President nominates a candidate for the Constitutional Court, but the National Assembly elects them. Over the past two years, candidates put forward by the President have been rejected for various reasons by past and current National Assemblies. Consequently, the President’s voice has little significance.

According to the President, a potential solution could be that three members of the Constitutional Court are appointed by the President, three by the Supreme Judicial Council, and three by the National Assembly. “This is a simple example; there are also other examples of what actions can be taken in the future so that future presidents operate under conditions that allow the Constitution to give each institution the opportunity to fully perform its duties,” President Armen Sarkissian stated.