The ruling of the Administrative Court: “HCA Vanadzor has the right to submit a petition, and the CEC had to provide a proper response to it”
Under the decision of December 5, 2017 made in regard to providing a proper response to the application-proposals of HCA Vanadzor, the Administrative Court found that HCA Vanadzor has the right to submit a petition, and the CEC was obliged to provide a proper response to the Organization.
Upon the Constitutional Court’s decision, the administrative court to examine in a collegial formation the disputes on the legal documents serving as a basis for summarizing the election results
In fact, the Constitutional Court found that the current regulations of the RA Administrative Procedure Code do not guarantee a person’s right to a fair trial, which should be corrected; in particular, the disputes on electoral disputes should be examined in a collegial formation.
The Central Electoral Commission has not given a decent answer to the proposals of HCAV. The Court has ruled it lawful
HCA Vanadzor systematically submitted proposals to the RA Central Electoral Commission to initiate administrative proceedings in regard to the violations that occurred during the campaign prior to the elections to the RA National Assembly of April 2, 2017. The Commission considered these proposals as applications and refused to initiate proceedings. HCA Vanadzor is appealing the inaction of the Central Electoral Commission in court.
Constitutional Court to decide on constitutionality of the ban on appealing Administrative Court’s rulings on cases relating to electoral law
On October 23, 2017 the RA Constitutional Court accepted the application of Helsinki Citizens’ Assembly- Vanadzor on declaring unconstitutional Article 213(1), RA Administrative Procedure Code.
Reflection of Recommendations by International Election Observation Missions in the RA Electoral Code
International Election Observation Missions (IEOM) have had a most significant role in pushing for electoral reforms, and particularly in terms of revising the electoral legislation. In 2015, Helsinki Citizens’ Assembly – Vanadzor conducted a thorough analysis (Helsinki Citizens’ Assembly-Vanadzor, 2015), assessing the implementation of recommendations submitted by International election observation mission in 2003-2013 in legislation and practice.
The report summarizes the results of the observation conducted in 60 polling stations and 10 Territorial election Commissions. “Independent Observer” Public Alliance believes that the Yerevan City Council Elections of May 14, 2017 were held in a blatant violation of the essential principles of democratic elections.
At its presentation held in Yerevan on June 13, 2017, the ‘Independent Observer’ Public Alliance presented the working version of the report prepared as a result of observing the RA NA elections of April 2, 2017 and the report was revised based on the comments and recommendations heard during the presentation.
‘Independent Observer’ Alliance presented observation results of RA NA elections of April 2, 2017 and Yerevan City Council elections of May 14, 2017
At its presentation held in Yerevan on June 13, 2017, the ‘Independent Observer’ Public Alliance presented the working versions of the reports prepared as a result of observing the RA NA elections of April 2, 2017 and Yerevan City Council (Council of Elders) elections of May 14, 2017.
The RA Administrative Court accepted HCA Vanadzor’s claim against the RA Central Electoral Commission. By its claim, the Organization required to compel the RA CEC to provide a proper response to its application-suggestion of March 30, 2017.