Judicial Code Apparently Contradicts the Constitution: Armenian President Appeals to Constitutional Court

The law on amendments and changes to the "Judicial Code of the Republic of Armenia" (hereinafter referred to as the Law) and related laws were submitted to the President of the Republic for signing by the National Assembly on March 22, 2021.

From the Presidential Office, it has been reported that the President has discussed the Law with the Minister of Justice and the Chair of the National Assembly's State-Legal Committee and has received their clarifications. The Law has also been discussed with the Chair of the Supreme Judicial Council, legal scholars, experts, lawyers, and representatives of civil society, and their observations and concerns have been heard.

“The President places great importance on reforms in the judicial and legal sectors and believes that they should be implemented systematically based on a clear strategy within a comprehensive vision. This vision and strategy should rely on practically existing and truly relevant issues, serious analysis of expert studies, and international experience, proposing systemic and logically interconnected solutions aimed at enhancing the effectiveness of the judicial system's role and operations, the effective realization of the right to fair trial, as well as strengthening the guarantees of judges' independence and immunity.

The regulations proposed by the Law are situational and, on the face of it, problematic from the perspective of legal certainty, proportionality, separation of powers, as well as compliance with the constitutional principles and requirements of judicial independence.

Based on the above and summarizing expert conclusions, it can be concluded that the Law apparently contradicts the Constitution. Therefore, the President has decided to appeal to the Constitutional Court regarding the compliance of the law on amendments and changes to the "Judicial Code of the Republic of Armenia" and related laws with the Constitution,” the statement from the Presidential Office said.