PRINCIPLE OF POWER DIVISION NOT PRESERVED

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| 12:37:10 | 04-06-2005 | Politics |

May 11 the National Assembly in the first reading adopted as a basis
the draft of constitutional amendments submitted by the coalition. The
draft that does not solve the main problem of reformation- the
regulation of balance of power between the states bodies. The Venice
Commission adheres to the same opinion.

“Even in December 2004 the conclusion said that the draft does
not secure the principle of power balance, moreover the President
still preserves his dominating position in the political system”,
constitutional right specialist Vardan Poghosyan reminds. In his words,
both in the acting Constitution and the adopted draft the government
still bears a double responsibility before the National Assembly and
the President. “It means that the President can any moment dismiss
the Prime Minister, what means that the government activity directly
depends on the President’s will.

Vardan Poghosyan assures that in none of the countries with
semi-presidential government system the government bears double
responsibility. “Semi-presidential system supposes that the government
that enlists the support of the parliament is functioning until it
loses the NA’s trust. Besides the problem of dismissing the Premier
the draft adopted leaves the government formation in the President’s
hands. The only change is that the NA will be dissolved not after the
third but after the second time it does not approve the government’s
program” Vardan Poghosyan said.

In his words, these two clauses are enough to be convinced that
the draft violates the logics of the semi-presidential government
system. Thus we are dealing not with the semi-presidential but
the super-presidential system. “The government is obliged to take
decisions on the basis on normative acts by the President. Though
the President does not ratify decision of the government he has the
right to suspend any decision and appeal to the constitutional court
to check it with the Constitution. At that the matter concerns not
only the normative but also individual decisions by the government”,
V. Poghosyan noted.

According to the draft adopted though the President does not preside
over the government sittings he can exercise his right to do that.

The functions of the President remain almost unchanged . “There is
a gap in Article 49. It says that for performing his functions the
President is empowered to undertake any steps; thus the President
has boundless authority. Consequently, Article 49 should define
that the President of the republic can perform his functions within
his authority only”, V. Poghosyan stressed. According to him, the
draft does not solve the problem of expanding the authority of the
National Assembly. On one hand its authority on exercising control is
insignificant, on the other hand with the absence of precise majority
it can turn into an uncontrollable body that can cause governmental
crisis.

In its conclusion the Venice Commission with regret noted the reduction
of the number of questions included in the legislative authority
of the National Assembly (in 2001 draft -37, now – 18). The draft
adopted in the first reading provides for 10 exclusive legislative
authorities of the National Assembly.

Victoria Abrahamyan