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VARIOUS APPROACHES

Politics

The coalition’s draft of the constitutional amendments provides for certain dependence of the Justice Council (JC). “The Justice Council becomes more independent in the relations with the executive power and law enforcement bodies. The independence of the Justice Council of other power branches is not only essential but also balances it», Orinats Yerkir representative Mher Shageldyan says.

According to the coalition's proposal, 9 judges elected for a 5-year term by a secret voting at the general meeting of the RA Judges as well as 3 lawyer-scientists appointed by the President will serve on the Justice Council. The Justice Minister or the Prosecutor General will not be the vice presidents of the JC.

The experts of the Venice Committee represented a number of resolutions on the coalition’s proposal on the order of JC formation. The clause according to which 9 out of 12 members of the Council are elected by the Judges received a positive estimation while the President’s heading the Council was perceived negatively. “In this view the experts also remind that according to the European Charter on the Status of Judges the Justice Council should be completely independent”, Mher Shahgeldyan says.

The author of the second version of the constitutional amendments Arshak Sadoyan also tried to make the JC independent. “Not to make the Council, which does not possess own funds or other instruments except administering justice, the executor of the other power branches the field should be regulated by the JC, where all the sectors of the population should be represented, including the forces representing the interests of juridical persons or organizations.”

Sadoyan suggests the parties represented in the NA with over 3% nominated their own candidatures to the JC. “We consider that first of all the Union of Lawyers should have its representatives in the juridical system. The Council should have structure, which could resist the pressure from «above», Arshak Sadoyan says. He also objects to the President’s heading the JC, moreover to his presidency over the sittings. Representatives of the executive power should not be given such a possibility, he affirms. All the responsibilities and rights of the Council should be fixed in a law «On Justice Council».

«6 judges elected for a 5-year term by a secret voting at the general meeting of the RA Judges as well as 2 attorneys and 2 lawyer-scientists nominated by the NA as well as the Justice Minister and Prosecutor General in accord with the posts they occupy should serve on the JC», the draft of amendments submitted by the United Labor Party faction (ULP). «I would like to clarify that the Justice Minister and Prosecutor General cannot be elected Chairman of the Council», ULP faction Grigor Khonjeyan says. The Chairman should be elected from the JC members. If the judges are appointed by the RA President the JC obtains the right to dismiss them from office. To note when presenting the draft the ULP faction tried to follow the example of the US. Though the faction tried to maintain the independence of the JC the Minister of Justice and General Prosecutor will certainly influence the way the resolutions are adopted. «They will surely have some influence as they both will have a vote. However the JC will be composed of judges, officials and attorney. In our opinion it is enough to make the JC independent», Grigor Khonjeyan says.

Lena Badeyan