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COE WILL BE DISAPPOINTED WITH ARMENIA, IF...

Politics

After the end of the Venice Commission working group session the Commission Constitutional Rights department head Simona Granata-Mengini answered the questions of «A1+».

- According to the agreement reached by the Venice Commission working group and the Armenian delegation, how must the governing system be formed.

- As for the formation of the governing system, we came to an agreement about three main issues. The first refers to the way of appointing the Government. The President must appoint Prime Minister the candidate who enjoys the support of the majority in the National Assembly. After the formation of the Government, if his program is not confirmed by the NA twice, the President can dissolve the Parliament. The President cannot resign the Prime Minister but he can offer the Parliament to resign him. From now on, the Government will give an account to the National Assembly only. This is very important, as the President will not be able to control the Government. The NA is not obliged to take the offer of the President to resign the Prime Minister.

- And as for the appointing of judges, does the President have to accept the offers of the Security Council?

- As you know, the order of forming the Security Council is already regulated. The President and the NA appoint two members each, and the rest of the members are elected by the Judges. The President is not to appoint the head of the Council, and the sessions of the Council will be presided over by the Judge of the Court of Appeal who will not have the right to vote. We agreed that the President of the country cannot appoint or resign judges without the offer of the Security Council. At present CoE is working on the Law on the Court System together with the RA authorities, and now we cannot discuss the way of appointing the Judges. That must be regulated by the law.

- And did you clear up when the Constitutional reforms must enter into vigor?

- This is a very important issue, and the PACE called the RA authorities to enter the Constitutional reforms into vigor immediately. Technically it is impossible to do it immediately after the referendum, as many laws must be changed in order to do it. We have not yet decided which Parliament must realize the changes – this or the following one. We have come to an agreement that several changes, for example – the issues about the Human Rights Defender and the Court system, must enter into vigor immediately. As for the issues about state structures, an agreement must be reached with CoE.

- The Venice Commission has expressed its disappointment with Armenia. If the agreements reached today are not included into the draft Constitution, will the Venice Commission continue cooperating with Armenia?

- CoE wants Armenia to realize Constitutional reforms, but this is not an end in itself. If the changes are not included in the draft Constitution, CoE will be disappointed. Of course, it will leave its negative influence on Armenia in CoE.