The Republican Party of Armenia strictly condemns the draft “Amendments to the Constitution of the Republic of Armenia,” initiated by the authorities
Authoritarian populists, having found themselves at the helm of power, abusing the trust and expectations of the people, wish to terminate office of the Chairperson and members of the Constitutional Court appointed prior to entry into effect of Chapter 7 of the Constitution, by amending the transitional provisions of the Constitution. We deem it necessary to highlight that a transitional provision of any legal act, as a matter of principle, is endowed with a particular mission: following its entry into effect the said mission is accomplished and therefore it may no longer be amended. This amendment contravenes logic, is unlawful and unconstitutional, through it an attempt is made to terminate the powers of the members of the Constitutional Court who were appointed under the Constitution in existence prior to 2015.
This adventurous process runs against Clause 2 Article 168, as well as Part 2 Article 169 of the Constitution of the Republic of Armenia. The proposed regulations constitute an attempt by the executive and legislative branches of power to isolate and capture the Court, as a result the Constitutional Court shall be divested of exercising its constitutional powers, while the court to be formed in the event of a positive outcome of the referendum shall exclusively comprise representatives loyal to those in power.
The draft under discussion is in direct contradiction to the principle of the rule of law, supremacy of the right, and principles of democracy. Neglecting calls by PACE, it has not been submitted ex ante for an expert assessment by relevant international bodies, an unprecedented occurrence in the entire history of newly independent Armenia. In view of the dangers and consequences that this adventurous enterprise poses for Armenian statehood, the Republican Party of Armenia: · Acknowledges that the entire responsibility for the process thus initiated is borne by Nikol Pashinyan, as well as all persons involved in this, yet another, act of state capture·
Is willing to launch urgent, intensive and broad discussions with all civic and political structures concerned with preventing the consequences of the hazard looming over our state; · Pleads with diplomatic missions and international structures accredited to Armenia to react to this outrageous process of amending the Constitution of the Republic of Armenia through unconstitutional means; · Alerts that such actions deliver a blow to the country’s international reputation and weaken Armenia’s positions in strategic and security matters, including the processes around the issue of Artsakh.
