The Armenian authorities are trying to find a legitimate mechanism to dismiss seven members of the constitutional court of the country, disloyal to the Prime Minister to Nikol Pashinian. 5 April in the country a referendum on this issue, but it was postponed because of the pandemic coronavirus, and the likelihood that the situation will change seriously in the near future small. Although the Armenian authorities insist that the issue cannot wait until the end of the pandemic, the opposition claims they are simply afraid to fail on a referendum.”We can’t wait to solve the situation around the constitutional court (CC) until the completion of the pandemic. We requested the Venice Commission and discussed the possibility of addressing the issue of COP on some kind of formula, partially or completely (by a vote.— “B”) in the Parliament,” said Nikol Pashinyan, speaking at a press conference online on Saturday. According to him, the referendum will be impossible for “at least a year”.That the Ministry of justice of Armenia requested the Venice Commission (European Commission for democracy through law, an Advisory body of the Council of Europe) with the request to assist in resolving the situation, the media reported on may 13, however, that this question can not be postponed until the end of the quarantine, did not say.Recall that under the “situation of the constitutional court” in Armenia means a conflict between the Executive and judicial branches of government. The fact that the President of the constitutional court (CC) Hrayr Tovmasyan is almost the only representative of the old elites of the country, preserved after the “velvet revolution” in 2018 such a high position and thus openly challenging the Prime Minister Pashinyan. Legal method to send the head of the COP in the resignation of the Prime Minister of Armenia is not, and to wait until the end of his powers for too long. According to the Constitution in 2005, which appointed Hrayr Tovmasyan and four other judges, members of the COP retain the post until reaching the age of 65 — in the case of Mr. Tovmasyan is 2035. Meanwhile, two judges were appointed even earlier, according to the 1995 Constitution, when the authority was limited to 70 years of age, and two more in the current Constitution and may be in the position of not more than 12 years.According to the current Prime Minister of Armenia Nikol Pashinian, such a significant imbalance when one judge may hold a post for more than 30 years and the other only 12, undermines the authority of the constitutional court. To solve the issue it was assumed the constitutional referendum, which was scheduled for 5 April, but did not take place because of the pandemic in the fashion industry and introduced state of emergency. Note that the state of emergency was extended twice for a month and now expires on June 13. However, the Deputy speaker of the Armenian Parliament Alen Simonyan followed by Nikol Pashinyan says: to postpone the decision any longer.”Unfortunately, the situation that exists around, the COP has an effect on the entire judicial system,— said “Kommersant” Mr. Simonyan.— The politicization of the COP, the lack of trust and the violation of the principles of the formation put this body outside the legal reality”. Thus the Vice-the speaker is convinced that Yerevan will definitely find understanding among European partners and allegations of misconduct will not, even if judges get fired without a referendum. “I think that the jump in the level of democracy in Armenia and the maximum validity of all actions of the new government up to this point, as well as a high legitimacy will not leave doubt? neither our partners, nor the population, and consensus is found in all directions,” he said.However, there is another point of view. According to human rights activist Ruben Melikyan, who headed the initiative group of the opponents of the amendments to the Constitution, the desire to refrain from voting have arisen because “the authorities have no chance of winning the referendum that they are appointed”. “For ordinary citizens, this issue (dismissal of members of the COP.— “B”) and in February-March was, to put it mildly, minor, and now he just sounds like a mockery,— said “Kommersant” Mr. Melikyan.— When every day the numbers of infected grow, the mortality reached the figure of 60 people — not to usurp the constitutional court”. “To speak about the rejection of the referendum to Nikol Pashinian had to because Monday removed some limitations, and the question of voting there would be by itself,— said “Kommersant” the Armenian political scientist Hrant Mikaelyan.— Wave of criticism the Prime Minister will continue to grow, and therefore he urgently needs a victory over “enemies” in the face of the old elite. If you leave everything as it is, the COP will remain a major stumbling block.”Hayk Khalatyan, Yerevan; Kirill Krivosheev
