Court Refuses to Accept Taguhi Tovmasyan's Lawsuit Against the National Assembly
The Court has declined to accept Taguhi Tovmasyan’s lawsuit demanding the annulment of the decision to terminate her powers as Chair of the National Assembly's Standing Committee on Human Rights and Public Affairs. The Administrative Court, presided over by Judge Ani Chilingaryan, rejected the application against the National Assembly.
This information was reported by “Factinfo” citing the judicial information system “Datalex.”
Recall that on July 11, the ruling “Civil Contract” faction stripped opposition MP Taguhi Tovmasyan of her position as Chair of the Human Rights Protection Committee with a vote of 62 in favor and 1 against, in a closed ballot. This move by the authorities was prompted by the need to avoid “silencing” candidate Edgar Ghazaryan during discussions regarding the election of the Ombudsman.
Taguhi Tovmasyan had submitted a petition to the Administrative Court against the National Assembly, demanding the cancellation of the decision to terminate her powers. The Court refused to accept the petition, stating that the position of Chair of the National Assembly's Standing Committee is not included in either public service posts or public positions, which means it falls outside the regulation of the RA Law on Public Service. It is an elective position that can be held by an individual with the status of a public political figure— an MP.
According to the Court’s conclusion, the relationship between the National Assembly and Taguhi Tovmasyan as the Chair of the Standing Committee on Human Rights and Public Affairs does not arise from mutual agreement based on an employment contract or an individual legal act, but rather from her election to the position by the faction, stemming from her status as an MP, which does not constitute a public office.
The Court concluded that disputes arising from the termination of Taguhi Tovmasyan’s powers as Chair of the National Assembly’s Human Rights Protection and Public Affairs Committee are not subject to the RA Administrative Court, and due to the absence of employment relations, such a demand is also not subject to the first instance court of general jurisdiction. Thus, the petition is not eligible for examination in court, which is the basis for rejecting the petition in accordance with Article 80, Part 1, Clause 1 of the Code.