Statement regarding the law ''On Making Amendments and Addenda in the Constitutional Law ''The Judicial Code of the Republic of Armenia'' and related laws, submitted to the President of the Republic for signing
The National Assembly submitted the law ''On Making Amendments and Addenda in the Constitutional Law ''The Judicial Code of the Republic of Armenia,'' (hereinafter: the Law), and related laws, to the President of the Republic for signing on March 22, 2021.
The President of the Republic discussed the Law with the Minister of Justice, the Chairman of the Standing Committee on State and Legal Affairs of the National Assembly, and received their clarifications. President Sarkissian discussed the Law with the Chairman of the Supreme Judicial Council, scientists and experts of law, advocates and civil society representatives as well, and listened to their considerations and concerns.
The President of the Republic emphasizes the importance of reforms in the judicial and legal system and believes that they should be carried out in a systemic manner, based on a clear strategy within the framework of a common vision. This vision and strategy should be based on practically existing and truly pressing problems, experts’ examination and a serious analysis of international experience. They should propose systemic and logically interrelated solutions aimed at increasing the efficiency of the role and activities of the judicial system, effectively exercising the right of fair trials, as well as strengthening the independence of judges and guarantees of their immunity.
The regulations proposed by the Law are situational and prima facie problematic from the viewpoint of legal certainty, proportionality, and partition of powers, as well as compliance with constitutional principles and requirements for the independence of the judiciary.
Proceeding from the above-mentioned, and summarizing the expert conclusions, it can be inferred that the Law substantially prima facie contradicts the Constitution; thus, the President of the Republic decided to apply to the Constitutional Court with a request to determine the issue of constitutional compliance of the Law ''On Making Amendments and Addenda in the Constitutional Law ''The Judicial Code of the Republic of Armenia'' and related laws.