EUROPEAN VALUES IN ARMENAN REALITY

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Simultaneously with the parliamentary elections in May 2003 a referendum on constitutional reforms was held. Despite the majority of votes «in favor» the constitutional amendments were not adopted in view of the insufficient number of votes. Our interlocutor is the author of the draft that was not adopted at that time, President’s representative at the discussions on the new constitutional reforms Armen Harutyunyan.

-If you compare the amendments proposed by you with the present drafts, which of them are more democratic in your opinion?

-Both the previous and present drafts should be compared to the acting Constitutions. From this aspect progress can be observed. It is also reflected in the resolution of the Venice Committee.

-According to what principle should the Justice Council be formed? And what role should be assigned to the President?

-We can’t say that the President’s presence in the Council is bad or good. In some European states, in France, for example the Council is headed by the President, in Poland the President does not intervene in the work of the JC. Thus there is not a classic standard of democracy.

- What model would be appropriate for our country ?

-First of all the aims of the JC should be determined. The Council is formed to become a consultative body for the President. From this viewpoint I do attach great importance to the President's presence or absence in the Council. The process is much more important.

-At that time many experts held the opinion that from the point of view of democracy it is a significant progress. Nowadays can such approach be taken as regressive?

-One should not simplify the problem – a step or two forward and three steps backward. It is not so. There are several correct approaches. Why should we take the one of oppositions or collisions?

-Do you support the vice presidency of the Minister of Justice or Prosecutor General in the JC?

- It is normal. Take as example Italy, France or Portugal

-Doesn't it impede the establishment of an independent juridical system?

-In Europe there does not exist such a problem. We are not inventing a bicycle. We implement the approaches experienced by the European states.

Interview obtained by Diana Markosyan