The European Court's Blow to the Authorities

«Ժողովուրդ» newspaper reports: On June 29, it became known that after the amendments to the law on the Constitutional Court made by the National Assembly, three former judges of the CC—Alvina Gyulumyan, Felix Tokhyan, Hrant Nazaryan—and the former president of the Constitutional Court, Hrayr Tovmasyan, had applied to the European Court of Human Rights (ECtHR).

Recently, the ECtHR sent a questionnaire to the Armenian government regarding the judges. This, as you may agree, is somewhat of a slap in the face to the legal arm of the Armenian authorities by the ECtHR. If the ECtHR decides to accept the request for interim measures and suspend the dismissal process of the three Constitutional Court judges and the ousting of the president, at least three individuals—Armenian Minister of Justice Rustam Badasyan, Armenia's representative to the ECtHR Yeghishe Kirakosyan, and the chairman of the National Assembly’s legal committee Vladimire Vardanyan—would have to resign from their positions.

Why? Because they were responsible for ensuring cooperation and understanding with the international community, and for drafting an invulnerable project, which, in essence, has not been done. It is noteworthy that the quick action by the ECtHR is significantly influenced by our country's attitude towards the Venice Commission. While it is unquestionable that the conclusions of the Venice Commission are advisory in nature, the Armenian authorities cannot undermine the role of this entity and disregard its recommendations.

Finally, it should be noted that UN resolutions also carry an advisory nature, but everyone is constantly aware of their mandatory nature. Keeping this simple reality in mind, the Parliamentary Assembly of the Council of Europe (PACE) could not allow the opinion of the Venice Commission to be ignored, thereby devaluing PACE for all 47 member countries.

As for the fate of the CC judges, if the ECtHR applies interim measures, it means suspending the dismissal process of the judges until the actual complaint is examined, which may take years. If such a development occurs in the coming days, Hrayr Tovmasyan must continue to perform the duties of the CC president, and Alvina Gyulumyan, Hrant Nazaryan, and Felix Tokhyan must remain judges until the ECtHR makes a final decision.

Of course, the Armenian authorities may also choose not to comply with the ECtHR's decision regarding interim measures, which would lead to specific political consequences in the Committee of Ministers of the Council of Europe, with even more complicated prospects. Considering the above, it can be concluded that Armenian Prime Minister Nikol Pashinyan's trusted legal arm has once again placed the government in an awkward position by deeply miscalculating the legal consequences.