Will the RA President be sued for his decision over membership to the Customs Union?
10:33, October 15, 2013 | News | Civil Control
«Speaking of democracy in the RA is untimely”, constitution specialist Armen Mazmanyan stated at “Media Center” today
Speaking of the constitutionality issue of the RA President’s decision over joining the Customs Union, Chairman of HCA Vanadzor Artur Sakunts noted, “The statement of Serzh Sargsyan, as head of the state and the Government’s decision based on it should be moved to a legal field and determine the compliance of those actions with the norms stipulated in the RA Constitution.”
Artur Sakunts stated that at first they were going to apply to the Administrative Court, later they would take the case into the RA Constitutional Court. He notes that otherwise it will appear that the head of the state can apparently take a decision which contradicts the principles of the Constitution, whereas, the legal state and the political majority are unable to appeal that decision and move it to legal level. Mr. Sakunts associated it with the “Nazi Germany” situation.
Later, Mr. Sakunts stated that
The Inter-governmental Committee on the examination of the Customs Union documents should also be considered as illegal.
Constitution specialist Armen Mazmanyan opposed, “There are two political opportunities to resolve such an issue at the Constitutional Court: when it is protected through the strong democratic movement and when the authorities want the Constitutional Court to take such a decision due to their political reasons”.
Chairman of “Rule of Law”, lawyer Artak Zeynalyan stated he was against the RA’s membership to the Customs Union and that Serzh Sargsyan’s decision was not based on democratic principles.
Regarding applying to the RA Constitutional Court he stated, “We speak of abstract constitutional-legal dispute. The reality is that the agreement can only become a subject for preliminary control, when it is submitted to the RA Constitutional Court. This will not entail the constitutional discussion of that agreement. But the constitutionality of the actions can be disputed at the Court of common Jurisdiction, while the agreement draft may serve a subject for constitutional dispute”.
Mr. Zeynalyan considered the decision to join the Customs Union as “a drastic change of the political line” and added, “It has the same impact as Armenian-Turkish protocols with only one difference in case of the protocols the public was aware.”
Aravot.am inquired from Mr. Sakunts whether he had serious expectations from the RA Constitutional Court since he often spoke of its vulnerability and dependence on the authorities. Artur Sakunts replied, “Upon initiating actions I don’t rely on the anticipated outcomes. I must carry out the action, otherwise, in all other remaining cases it will mean to indulge in inactivity. It is the actions that change the situation.”
http://www.aravot.am/2013/10/14/395899/
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