The Republican Party of Armenia Issues a Statement

The Republican Party of Armenia has responded to the statement made by Constitutional Court judge Vahe Grigoryan, noting that the entire responsibility for the deepening constitutional crisis in Armenia lies with the ruling political majority and personally with Nikol Pashinyan.

The statement reads:

Vahe Grigoryan, having been elected as a Constitutional Court judge by the National Assembly, took the oath on June 20, 2019, according to Article 5 of the constitutional law on the Constitutional Court, during which he declared that he assumes the powers of the president of the Constitutional Court.

It is noted that, according to Article 18 of the constitutional law on the Constitutional Court, in the absence of the president of the Constitutional Court, the vice president temporarily carries out the duties of the president. In the absence of both the president and the vice president, the powers of the president are temporarily assumed by the oldest judge of the Constitutional Court.

Article 213 of the Constitution of the Republic of Armenia clearly states that until the entry into force of Chapter 7 of the Constitution (the day of the assumption of obligations by the President of the Republic, April 9, 2018), the president and members of the Constitutional Court appointed before that date continue to hold office until the expiration of their term as set by the 2005 amendments to the Constitution.

Even under the narrow and exaggerated interpretation of Article 213 regarding the president of the Constitutional Court, it becomes evident that Hrayr Tovmasyan, who was elected as president of the Constitutional Court on March 21, 2018, must continue to hold office until the expiration of his term as stipulated by the 2005 amendments to the Constitution.

The same applies to other members of the Constitutional Court. The members appointed before the entry into force of Chapter 7 of the Constitution continue to hold office until the expiration of their terms as defined by the 2005 amendments. In this respect, the Constitution does not differentiate between a member of the Constitutional Court and a judge of the Constitutional Court.

According to the Constitution of the Republic of Armenia, both the member and the judge of the Constitutional Court have the same duties: to administer constitutional justice within the Constitutional Court.

According to Article 213 of the Constitution, after the entry into force of Chapter 7 of the Constitution, nominations for vacant positions of Constitutional Court judges are made successively by the President of the Republic, the general assembly of judges, and the Government.

If Grigoryan’s interpretation were correct, it would imply that all judge positions in the Constitutional Court have been vacant since April 9, 2018, and therefore the President, the general assembly of judges, and the Government should immediately begin proposing candidates for three judges. However, this was evidently not the case, as it was never even considered to interpret the Constitution in such an absurd manner. Nevertheless, political realities may have dictated to some that the time has come for a new distortion of the Constitution.

Moreover, based on the logic of the arguments presented by Grigoryan, one would arrive at the absurd conclusion that there are two Constitutional Courts operating in Armenia: one with judges who serve as members, and another with judges who serve as judges. In law, there is a form of logical conclusion called reductio ad absurdum. If any interpretation of a norm leads to absurdity (for instance, the existence of two Constitutional Courts), then that interpretation cannot be acceptable.

The Republican Party of Armenia announces:

• The mentioned developments are a continuation of the current government's attempts to undermine constitutionalism in the country and the ongoing attacks directed at the judicial system by Prime Minister Nikol Pashinyan, which began back in May.
• The entire responsibility for the deepening constitutional crisis in Armenia lies with the ruling political majority and personally with Nikol Pashinyan.
• We will continue our consistent struggle for the maintenance of the Constitution and legality, both within Armenia and on international platforms.