President Proposes Arthur Vagharchyan for Constitutional Court Judge Position

The President of the Republic of Armenia, Armen Sarkissian, has proposed Arthur Vagharchyan's candidacy for the position of judge at the Constitutional Court.

Since taking office on April 9, 2018, the President has presented five candidates for the position of Constitutional Court judge to the National Assembly (one candidate refused their nomination immediately before it was presented to the Assembly). The National Assembly rejected four of the candidates submitted by the President.

In order to present candidates for Constitutional Court judges, a consultative temporary working group was established by the President's decree NК84-A on June 11, 2018, and an announcement was made regarding the acceptance of candidacy applications. Following interviews with the 28 candidates who submitted applications, each member of the group provided their individual opinions through a closed procedure. Summarizing these opinions, the President was presented with a list of three candidates: Vahe Grigoryan, Gor Hovhannisyan, and Arthur Vagharchyan. The sequence of candidates on the list was determined by the quantity of favorable opinions given by the group members.

The President subsequently nominated the candidates for the Constitutional Court judge position in the same order. Vahe Grigoryan's candidacy was proposed on October 18, 2018, and was rejected by the National Assembly on October 23, 2018. Gor Hovhannisyan's candidacy was proposed on March 21, 2019, and was rejected by the National Assembly on April 16, 2019. Arthur Vagharchyan's candidacy was proposed on May 15, 2019, and was rejected by the National Assembly on May 29, 2019. Vahe Grigoryan's candidacy was proposed for the second time on May 30, 2019, and he was elected as a Constitutional Court judge by the National Assembly on June 18, 2019.

Gor Hovhannisyan refused to discuss his candidacy again on July 27, 2020. Arthur Vagharchyan's candidacy is being proposed for the second time. The President has signed the proposal letter for Arthur Vagharchyan.

Thus, the President has made nominations for the vacant position of a Constitutional Court judge from among the candidates proposed by the consultative working group, following the order of their sequence in the list. During a meeting with the Constitutional Reform Commission, the President clearly stated his position regarding the procedure for nominating and electing judges of the Constitutional Court.

It would align with the logic and spirit of the Constitution, as well as serve the purpose of judicial and legal reforms, if the Constitution stipulated not the power to nominate candidates for the Constitutional Court judges but rather the authority for the President, the general assembly of judges, and the Government/National Assembly to directly appoint judges. In this case, each would be responsible for their choice.

The composition of the Constitutional Court will be balanced, ensuring the independence of judges as they remain free from political influence. The constitutional principles of checks and balances crucial for effective democratic governance will function fully, ensuring impartial constitutional justice.