Zhoghovurd: Armenian government 'gets a slap' from European court
After the passage by the National Assembly of the proposed amendments to the law "On the Constitutional Court", three, already former members of the high judicial body (Alvina Gyulumyan, Felix Tokhyan and Hrant Nazrayan) and Hrayr Tovmasyan, now a former chairman, appealed to the European Court of Human Rights (ECHR) to dispute the controversial measure.
And the Strasbourg court reacted rather promptly to the appeal, sending the government a questionnaire about the judges, says the paper, describing the move as a kind of "slap" to the judiciary. Should the ECHR admit the motion to suspend the judges' retirement and Tovmasyan's dismissal, at least three persons - Minister of Justice Rustam Badasyan, Representative of the Republic of Armenia before the ECHR Yeghishe Kirakosyan and Chair of the National Assembly's Standing Committee on State and Legal Affairs Vladimir Vardanyan - will have to resign from office.
They are thought to be the government officials responsible for ensuring cooperation and understanding with the international community, as well as drafting an "invulnerable legislative bill", steps which the paper says they failed to properly carry out.
The paper also calls attention to Armenia's unique attitude to the Council of Europe's Commission for Democracy through Law - the so called "Venice Commission" - whose opinions, though advisory in nature, could not have gone unnoticed by the Armenian authorities as something of a trivial value.
The UN decisions too, are after all advisory, says the paper, noting that their legally binding character is nonetheless universally acceptable. In light of that very reality therefore, the Council of Europe's Parliamentary Assembly could not have let the Commission's opinion lose its value for all the 47 member states.
As for the judges' future fate, the ECHR's positive action would imply suspension of the dismissal process until the examination of the complaint gets under way (which may take several years). Such a scenario, if realized, would secure a prolonged tenure for Tovmasyan and the three judges (until the final decision is in place), the paper says, predicting also a likelihood of a failure to abide by the measure. That, however, would entail specific political consequences in the CoE Committee of Ministers, heralding a more complicated perspective. With all that in mind, the legal team enjoying Prime Minister Nikol Pashinyan's trust and support can be said to have caused unease for the government due its failure to thoroughly estimate the possible legal consequences.
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