Ashot Khachatryan: “I am certainly not considered a person performing the duties of the President of the Constitutional Court”

The National Assembly of the Republic of Armenia today posted on its official website a press release according to which Speaker of the National Assembly Ararat Mirzoyan has met with Ashot Khachatryan, who is performing the duties of the President of the Constitutional Court. The press release stated that Ashot Khachatryan has assured that he will continue to ensure supremacy of the Constitution and act independently and impartially while performing the duties of the President of the Constitutional Court.

168.am contacted judge of the Constitutional Court Ashot Khachatryan to learn about the details of the meeting, as well as to understand whether all legal regulations are in place or not and if Ashot Khachatryan has already assumed the duties of the President of the Constitutional Court.

168.am: The National Assembly today issued on its official website a press release stating that you have met with the Speaker of the National Assembly and have assured him that you will continue to ensure supremacy of the Constitution and act independently and impartially. Could you elaborate on that? The reason why we are asking is because one gets the impression that you and the Speaker of the National Assembly have reached certain agreements.

Ashot Khachatryan: You are certainly right. Today I had a meeting with Speaker of the National Assembly, Mr. Mirzoyan and presented the problems or obstacles that need to be solved or overcome in order for the duties of the President of the Constitutional Court to be assumed. These problems or obstacles need to be solved or overcome in order to initiate legislative procedures in the National Assembly, including in regard to relevant individual legal acts in the Constitutional Law “On the Constitutional Court”. At the same time, I stated that one of the mandatory problems is the required adoption of relevant individual legal acts for termination of the powers of a judge of the Constitutional Court, and Mr. Mirzoyan assured that appropriate solutions will be provided to those problems this coming Monday or Tuesday. As a judge of the Constitutional Court, and in the future — also as a person assuming the duties of the President of the Constitutional Court, I am obviously obliged to be impartial, to ensure supremacy of the Constitution along with my fellow judges of the Constitutional Court and to act independently at the same time. This is the content of the conversation I had with Ararat Mirzoyan today.

168.am: The impression from the press release was that you have already agreed to assume the duties of the President of the Constitutional Court, but, in essence, it seems that this is not the case at this moment.

Ashot Khachatryan: In essence, this is a process undertaken by the National Assembly. In the press release, the National Assembly also presented the fact that the personnel of judges of the Constitutional Court are record-registered by the National Assembly. Therefore, taking into consideration this press release, as well as what was presented today, I believe that assumption of the duties of the new President of the Constitutional Court will become legitimate only after the legal issues and obstacles that I presented (these are issues and obstacles that can be solved and overcome in one or two days) are solved and overcome. If there have to be talks about termination of the powers of a judge, there obviously has to be a legal act according to which those powers need to be terminated. This is the whole ideology.

168.am: Basically, roughly speaking, there has to be an order for dismissal, and the powers of a judge of the Constitutional Court cannot be terminated only with constitutional amendments.

Ashot Khachatryan: Let us leave that up to the relevant law-making body. As far as parts 1-4 of Article 213 of the Constitution are concerned, it is obvious that, in this case, what must become mandatory is the legal act that is required for termination of the powers of a judge of the Constitutional Court. This must be required in order for a judge to have a relevant legal ground to solve his or her social issues and protect his or her allegedly violated rights. This must also serve as a ground for assuming the duties of the President of the Constitutional Court. In other words, the individual legal act is required for the judge to address relevant social security subdivisions to receive his or her social guarantees and be able to protect his or her allegedly violated rights through judicial procedure, and it is obvious that such a legal act is also required for implementation of the institution of seniority under the Constitutional Law “On the Constitutional Court”; otherwise, it seems that this issue will remain unsolved.

168.am: In the press release issued by the National Assembly, you are already presented as a person performing the duties of the President of the Constitutional Court. Did the National Assembly rush things?

Ashot Khachatryan: I signed under the condition that the relevant issues are solved. This was the logic of our whole conversation. We will wait until Monday. On Monday, upon an appropriate initiative, relevant amendments will be made, relevant legal acts will be adopted, and obviously, the institution of seniority will become a reality in order for the duties of the President of the Constitutional Court to be assumed.

168.am: Basically, are you currently performing the duties of the President of the Constitutional Court?

Ashot Khachatryan: I am certainly not considered a person performing the duties of the President of the Constitutional Court because relevant legal issues or obstacles need to be solved or overcome in order for me to be considered a person performing the duties of the President of the Constitutional Court.

168.am: Let us assume it so happens that the National Assembly does not manage to regulate the laws on Monday. What will happen?

Ashot Khachatryan: Please, let us wait until Monday because the Speaker of the National Assembly very clearly assured that solutions will be provided to these issues on Monday or on Tuesday the latest.

168.am: Is it safe to say that the problems that you mentioned (the social guarantees and individual rights of the three judges of the Constitutional Court and the protection of those rights) are also related to the fact that you assured that you will maintain the supremacy of the Constitution?

Ashot Khachatryan: Maintenance of the supremacy of the Constitution or the principle of being independent and acting impartially are words taken from the text of the oath taken by a judge of the Constitutional Court. Thus, as judges, as President of the Constitutional Court or as a person performing the duties of the President of the Constitutional Court, it is our duty to ensure supremacy of the Constitution, to be independent and to act impartially.