RA CONSTITUTIONAL COURT TO DISCUSS ON NOVEMBER 7 APPLICATION OF 27 DEPUTIES OF NATIONAL
ASSEMBLY CONCERNING ACCORDANCE OF A NUMBER OF PROVISIONS OF ELECTORAL CODE WITH CONSTITUTION

Noyan Tapan
Oct 25 2006

YEREVAN, OCTOBER 25, NOYAN TAPAN. The RA Constitutional Court will
discuss at the November 7 sitting the issue of accordance of a number
of provisions of the Electoral Code with the RA Constitution. The
demandant side is 27 deputies of the National Assembly: from the
"Ardaroutiun" (Justice), "Azgayin Miabanutiun" (National Unity),
"Orinats Yerkir" (Country of Law) factions as well as independent
members of the Parliament. The respondent side is the NA adopted
the EC. The disputed provisions relate to the order of formation
of electoral commissions, according to which one judge is involved
in each of present electoral commissions, and 2 judges will be
involved in each of them after the 2007 parliamentary elections as
the competence of the NA acting "People’s Deputy" deputies’ group to
appoint one member in each of the commissions will be given to the
judicial power. According to the demandant side, by the disputable
provisions, representatives of judicial power implement in the
collective body staff commission characteristical for the executive
power, that’s, secure implementation of the electoral right what
contradicts the provision of separating powers fixed by Article 5 of
the RA Constitution. The EC disputed provisions also contradict the
first part of Article 19 of the RA Constitution according to which
"every person has a right to re-establish his violated rights as well
as the right of public examination of his case to find out reasoning
of presented accusation in conditions of equality, with keeping all
demands of justice, by independent and impartial court and within
sober term."

By reasoning of the demandant side, arguments started while
implementing the electoral right are subject to dispute at the court,
so the power examining the citizen’s complaint, representatives of
which participated in accepting the act being appealed, may not be
impartial. According to the demandant side, the disputed provisions
also contradict the provision on incompatibility considered a component
of a judge’s legal status fixed in the first part of Article 98 of
the RA Constitution as the central electoral commission and district
electoral commissions are state bodies functioning according to
constant principles, a commission member is a state post and is not
connected with the judge’s obligations.

From: Emil Lazarian | Ararat NewsPress