Yerevan State University Scientific Council Plans to Contest Government Decision in Court

The Scientific Council of Yerevan State University has issued a statement, stating:

“Guided by point 12 of Article 49 of the charter of the Yerevan State University Foundation and sub-point 12 of point 4 of the regulations of the Yerevan State University Scientific Council, during an extraordinary session on May 6, 2021, the Scientific Council of Yerevan State University discussed the government decision adopted on May 4 of the same year regarding changes and amendments to a number of decisions of the government, specifically related to changes in the management councils of state universities with the status of foundations. The council noted:

1. In our deep conviction, the decision is unconstitutional and illegal both in terms of substance and form, as it is aimed solely at one unlawful purpose: to establish unlimited control by the authorities over universities, particularly and primarily over YSU. The council considers this decision as another manifestation of the persistent and overt struggle against YSU by the authorities in recent years.
2. The adoption of this decision is also seen as a gross violation of moral norms, considering that the constitutionality of the provisions regarding the autonomy of universities in the law ‘On Higher Education and Science’, challenged by the President of the Republic, is currently under review by the Constitutional Court. In this context, it is a blatant contempt and disrespect towards the President of the Republic, the Constitutional Court, and the entire academic community seeking to uphold this law when the government’s decision, which carries significantly less legal force, seeks to implement the challenged provisions under even more adverse conditions for universities.
3. The adoption of this decision was accompanied by gross violations of legal and ethical norms. On April 28, 2021, the government published the draft on the ‘e-draft.am’ website and set the public discussion period until May 14; however, on May 4, without convening a session and through written procedure, the government adopted a decision, leaving the entire academic community in a predicament. The draft decision was not discussed in universities, and moreover, these institutions were not even informed about the changes to be made to their own charters.

Condemning the Government's behavior, the Scientific Council of YSU states that the decision regarding the ‘Changes and Amendments to a Number of Decisions of the Government of the Republic of Armenia’ is unacceptable in terms of violating legal and moral norms; its implementation will have a severely detrimental effect on the academic environment of the republic and will cause irreparable damage to the normal functioning of universities.

Considering the importance of the issue and the necessity for an urgent solution, the Scientific Council of YSU has decided to:

• Appeal to the Human Rights Defender to urgently contest the constitutionality of the aforementioned government decision in the Constitutional Court.
• Take measures to contest the legality of the government’s decision in the Administrative Court.