Constitutional Court Rejects Armenian President's Application Contesting the Constitutionality of Judicial Code Amendments

On October 12, 2021, the Constitutional Court examined the case regarding the constitutionality of the amendments to the Judicial Code of Armenia, which were adopted by the National Assembly on April 14, 2021, upon the request of the President of the Republic.

The Constitutional Court’s website reports that due to an equal vote outcome, no decision was reached on the case, and consequently, according to the 9th part of Article 62 of the Constitutional Law on the Constitutional Court, the application is considered rejected. The President submitted the law to the Constitutional Court on April 12 of this year.

During that time, Armen Sarkissian expressed that he highly values reforms in the judicial sector and believes they should be carried out systematically based on a clear strategy that encompasses a general vision, concluding that the proposed amendments are prima facie unconstitutional.

“This vision and strategy should be based on practical, relevant issues, thorough expert studies, and serious analysis of international experience, proposing systematic and logically interconnected solutions aimed at enhancing the role and operational efficacy of the judicial system, the effective realization of the right to a fair trial, and the strengthening of guarantees for the independence and inviolability of judges,” Sarkissian emphasized.

According to the proposed amendments to the Judicial Code, a separate type of judicial sanction is stipulated, allowing for the limitation of legal rights in cases where a participant in the proceedings repeatedly abuses their rights during the trial, jeopardizing the protection of the rights of other participants and the interest of justice.

It is also proposed to empower the Supreme Judicial Council to ensure the normal functioning of courts, granting it the authority to adopt normative legal acts in this regard.

Another point in the draft suggests that, in addition to the Minister of Justice and the Ethics and Disciplinary Committee of the General Assembly, individuals and legal entities should also have the right to appeal to the Supreme Judicial Council to impose disciplinary action against judges.