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The Republican Party of Armenia and I Have Honor faction voted against that bill because we both love Armenia and know the EU well. We voted against, also protecting the EPP and the EU from senseless embarrassments and senseless troubles: Armen Ashotyan

Political prisoner, RPA Vice Chairman Armen Ashotyan, during a traditional Q&A with 168.am at the end of the regular court hearing in his case, addressed the issues facing Armenia’s domestic and foreign policy, including the “bill” on membership in the European Union (EU) presented in the National Assembly by Nikol Pashinyan and pro-government civil initiative organizations, people’s parties, and their pro-Western units, and its postponement.

– Mr. Ashotyan, the ruling Civil Contract (CC) faction in the National Assembly postponed the bill on the intention to join the EU for one session. How do you explain this?

– The decision of the Republican Party of Armenia and the vote of I Have Honor once again proved to be right. We voted against because we love the Republic of Armenia and know the European Union (EU) well. Moreover, we respect the EU and do not want to become a burden on the EU with such crude, short-sighted political whims, which is what we were going to become during this time. There has not been a single high-level response from the EU in this regard. We voted against, also protecting the European People’s Party (EPP) and the EU from senseless embarrassment and senseless troubles.

Note that on February 12, the National Assembly adopted in the first reading the draft law “On the launch of the process of accession of the Republic of Armenia to the European Union”, submitted by way of a civil initiative. 65 deputies voted in favor of the draft law, 7 deputies voted against it, including the opposition faction I Have Honor. The other opposition faction, Armenia, did not participate in the vote.

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Note that the NA I Have Honor faction had issued a statement on February 11, which stated why the Republican Party of Armenia (RPA) and the I Have Honor faction would vote against it.

“The agenda of the sessions of the National Assembly of the Republic of Armenia starting on February 11 of this year includes the draft law “On the launch of the process of accession of the Republic of Armenia to the European Union”, which was submitted by a civil initiative. The procedure for membership in supranational international organizations is regulated in detail by Article 205 of the Constitution of the Republic of Armenia and Article 15 of the Law of the Republic of Armenia “On International Treaties”.

Accordingly, the authority to initiate the process of joining the European Union, as a supranational international organization, belongs to the government, and the decision to hold a referendum necessary for membership belongs to the National Assembly. The final decision on membership is made through a referendum, which directly expresses the will of the people of the Republic of Armenia.

The draft law is a legally absurd document, as it does not comply with the requirements of the law and neither adds nor subtracts from the legislative requirements for membership in supranational international organizations. The draft is essentially a declaration, but not a law, as it does not contain binding rules of conduct for any legal entity.

Moreover, the phrase “the Republic of Armenia, expressing the will of the people of the Republic of Armenia” contained in the draft directly contradicts Article 205, Part 1 of the Constitution, since the will of the people of the Republic of Armenia regarding membership in the European Union as a supranational international organization can only be expressed directly, through a referendum. The draft law submitted to the National Assembly, however, proceeds from the fact that the National Assembly, by adopting a law, can establish that it expresses the will of the people of the Republic of Armenia to join the EU. In connection with the initiation of the process of joining the EU, the National Assembly can only express its own will, but never the will of the people of the Republic of Armenia.

The provision on the start of the process of the Republic of Armenia’s accession to the European Union does not contain any normative element. It does not and cannot oblige the government to start negotiations on membership with the European Union. Such an obligation would contradict the principle of separation of powers enshrined in the Constitution of the Republic of Armenia, since the authority to conclude or not conclude international treaties belongs exclusively to the executive branch, and the ratification of certain types of international treaties belongs to the National Assembly. Therefore, we emphasize once again that the process itself contradicts the Constitution.

Thus, from a legal point of view, the draft law cannot have any legal consequences in terms of membership or non-membership in the European Union. However, as a political document, it can have irreversible political and economic consequences for the Republic of Armenia, taking into account the membership of the Republic of Armenia in supranational organizations, in particular the Eurasian Economic Union. Taking into account the statements of the partner states, as well as the basic principles of international relations and international law, it becomes obvious that this process endangers free trade with the EAEU markets, which are vital for our economy. This process, which is empty and formal in nature, not only cannot bring any positive results to Armenia, but also threatens to cause serious economic consequences for our country and our citizens.

We also consider it noteworthy that the “draft law” may have negative geopolitical consequences, given the fact that in the conditions of the turbulence of the modern world order, it is unwise to limit the flexibility of foreign policy at the legislative level. The administration, which is talking about the “Crossroads of Peace”, is bringing the Republic of Armenia into a geopolitical deadlock with this initiative.

Let us add that the Republican Party of Armenia has always come up with initiatives aimed at developing close partnership relations with the European Union, as evidenced by the Comprehensive and Enhanced Partnership Agreement (CEPA) signed between Armenia and the European Union, which was signed in 2017 and is still the fundamental document of RA-EU relations, which is not practically and fully implemented by the current administration.

From the above, it becomes obvious that this “draft law” is another populist trick of today’s rulers, which is aimed at creating unfounded expectations. On the other hand, they are trying to create the illusion that justice, tolerance and the protection of human rights are their main values, but they are trampling on and destroying them.

The RA NA “I Have Honor” faction will vote against this initiative, which contains tangible and real dangers for our country.”

ZARUHI DILANYAN

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