“The decision of accession to the Customs Union will be appealed in the Court”
19:44, October 30, 2013 | News | Civil Control
Since September 3, everything possible has been done to accept the famous decision as indisputable. Chairman of Helsinki Citizens’ Assembly Vanadzor Artur Sakunts expressed such an opinion at a discussion set up by “Partnership for Open Society” initiative. The latter added that with a group of lawyers they are working towards appealing the decision to join the Customs Union. To the question whether or not the Court will recognize the person submitting the claim as a proper claimant, Sakunts thinks it will, since they come up with the protection of public interests. He recalled the case of gratuitous alienation of Vanadzor city property when they applied to the Constitutional Court and the latter recognized their right to act as a plaintiff party.
He also added that the statement made on September 3 is a violation in terms of procedure preservation, since the procedure of democratic states was not abided by. Besides, a violation of the principle of legal certainty occurred when the citizen was not informed of the possible change when the change was not predictable and the latter was denied the chance to express his approaches regarding it.
The vision of the decision over accession to the Customs Union entailing aggravation, according to Sakunts, becomes clear when the documents approved within the frames of the Eastern Partnership and those of the Customs Union, approved within the scopes of the Eurasian Union, are compared. “Here we have a procedure of decision-making. The founding organizations of the Eurasian Union have agreed that the votes in the decision-making are distributed as follows: Russia has 40 votes, Uzbekistan, Kazakhstan and Belorussia equally have 15 votes and Tajikistan and Kyrgyzstan have each 7,5 votes”, noted Artur Sakunts by bringing our attention to the fact that each state in the European Union has 1 vote.
Besides, the NGO Chairman mentioned that the decisions of the Eurasian Union are binding for the member countries and the member country should adapt its legislation to the Union decision.
“Here we are faced with the fact of the Republic of Armenia as a sovereign state. It means, the state should concede one part of your sovereignty in order to become in line with the decisions of the Union”, Sakunts presented one of the aggravation visions.
By Sakunts’ words, the court instances or the Constitutional Court will be the next move, or the claim will be immediately sent to the European Court of Human Rights.