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The functioning of democratic institutions in Armenia

Amendment No. 4 | Doc. 15432 | 25 January 2022

Signatories:
Ms Arusyak JULHAKYAN, Armenia, NR ; Mr Eduard AGHAJANYAN , Armenia, SOC ; Ms Sona GHAZARYAN , Armenia, ALDE ; Mr Ruben RUBINYAN, Armenia, EPP/CD ; Mr Vladimir VARDANYAN, Armenia, EPP/CD
Origin
2022 - First part-session
In the draft resolution, paragraph 21, replace the first sentence with the following sentence:

"It regrets, however, that the Armenian authorities did not follow the Venice Commission's recommendations to provide for the renewal of the Constitutional Court while envisaging a transitional period which would allow for a gradual change in the composition of the court in order to avoid any abrupt and immediate change creating a risk of undermining the principle of irremovability of judges."

Explanatory note

The Amendments that were prepared following the guidance of the Venice Commission, were providing for a voluntary early retirement scheme which didn’t work in the practice, since the potential beneficiary judges didn’t apply for proposed early retirement scheme. The recommendation which Armenian authorities didn’t follow was expressed in the other Opinion of VC provided on three legal questions touching the issue of term of tenure of Constitutional Court Justices. In particular, the VC recommended to provide for the renewal of the Constitutional Court while envisaging a transitional period which would allow for a gradual change in the composition of the Court in order to avoid any abrupt and immediate change endangering the independence of this institution.