The Constitutional Court and Administrative Court Cannot Suspend the Order for the Dismissal of the Chief of Staff of the Armed Forces, Minister Clarifies

The Constitutional Court's suspension decision, if such a decision can be imagined, cannot apply to already completed relations, such as the dismissal of the Chief of the Armed Forces General Staff.

In a conversation with Armenpress, Justice Minister Rustam Badasyan clarified the legal misunderstandings surrounding the dismissal of Onik Gasparyan:

"Arguments are being made that in the context of challenging the constitutionality of the law, if the Constitutional Court suspends the disputed provision, it would also suspend the order for Onik Gasparyan’s dismissal. In the case being discussed, it should first be noted that under the Constitutional Law on the Constitutional Court, the suspension of the disputed legal norm is only possible if not making such a decision may lead to irreversible or severe consequences for one of the parties or for the public. This is an extremely high threshold, which is evidently absent in this case. Furthermore, even if we could imagine a suspension decision from the Constitutional Court, it could not apply to already completed relations, such as the dismissal of the Chief of the General Staff. Whether it is based on an order or by the force of law, it does not matter."

"What are the implications of the Administrative Court of Armenia accepting the lawsuit challenging the order of dismissal of the Chief of the General Staff or his deputy? In that case, is the relevant act considered suspended?"

"Suspension pertains to acts that imply execution. It is impossible to suspend the act that does not imply execution. Therefore, I believe that such a scenario is theoretically impossible as well. There are several decisions from the Administrative Court of Armenia where the issue of suspension was not discussed upon acceptance of the lawsuit precisely for the aforementioned reason. In reality, it is a very simple question: if there is no execution process, then what is to be suspended? This is the result of interpreting legal norms to fit a desired outcome."

"Various lawyers argue that this act (the order) is null and can not be executed. Here, even the interpretation is unnecessary; we only need to read what it means for an administrative act to be null. I believe this too is the result of seeking and 'adjusting' desired interpretations."