EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
MEETING
BETWEEN THE VENICE COMMISSION
and
the armenian authorities
on the
constitutional reform process
(sTRASBOURG, 23-24 JUNE 2005)
AGREED
CONCLUSIONS
AND
FOLLOW-UP
I.
Introduction
1. On 11
May 2005, thedraft amendments to the Armenian Constitution were adopted by the National
Assembly in the first reading.
2. In the opinion of the Venice Commission’s
working group, important changes needed to be made, notably in three areas:
separation of powers, independence of the judiciary and the manner of
appointment of the Mayor of Yerevan (see Second Interim Opinion on
Constitutional Reforms in Armenia,CDL-AD(2005)016).
3. On
23-24 June 2005, a working meeting took place in Strasbourg, at which the
Venice Commission’s working group, composed of Messrs Endzins, Tuori and Vlad
Constantinesco, and representatives of the Armenian authorities (see the
appended list of participants) discussed
and agreed on how to improve the
amendments.
4. The
mutually acceptable conclusions which were reached in the course of this
meeting, together with the agreed follow-up, are set out in the present
document.
II.
Constitutional reforms : conclusions
A.
Human Rights
Ombudsperson
5. The definition in Article 83.1 will set out
the guarantees of independence and inamovibility of the Human Rights Defender.
6. Article 83 § 4 will contain the requirement
of a majority of 3/5 of the deputies for appointing the HR Defender.
7. The mandate will be of 6 years.
Freedom, independence and
plurality of the media
8.
The principle of involvement of the National Assembly in the process of
nomination of the members of the media regulatory authorities is accepted.
9.
The Armenian authorities will submit a concrete proposal in this sense.
- Separation of powers
Presidential immunity
10.
Article 56.1 will be redrafted so as it respects the two following principles:
a) that the President enjoys functional immunity
b) that during his or her term of office, he or she
cannot be prosecuted unless through a special procedure of impeachment.
Extraordinary sittings and sessions of the NA
11.
The Chair of the National Assembly will convene parliamentary sessions
upon the request of:
1/3 of the deputies; or
the government, or
the President of the Republic.
Formation of government.
12.
The President of the Republic will not retain the power to dismiss the
Prime Minister. This can only be done by the National Assembly through a vote
of non-confidence.
13.
The President’s power to dissolve the National Assembly under paragraph
2 of Article 74.1 will be limited (for example by involving the Speaker of the
National Assembly or a certain percentage of deputies or the government).
14.
The President of the Republic will appoint as Prime Minister he or she
who enjoys the confidence of the majority of the deputies (see Article 97 of
the Croatian Constitution)
15.
The President will be entitled to propose to the National Assembly the
dissolution of the government.
Sittings of the government
16.
The President will retain the power, under Article 86 § 2, to convene
and chair sittings of the government in connection with foreign policy, defence
and state security issues only.
Foreign policy
17.
The President and the Government will work out jointly the foreign
policy.
- Independence
of the Judiciary
Prosecutor General
18.
The appointment and dismissal of the deputies of the Prosecutor General
will be done upon the recommendation by the Prosecutor General.
Appointment and dismissal of judges
19.
The Constitution will specify that the President cannot appoint or
dismiss someone unless upon a recommendation of the Judicial Council to this
effect. The mechanisms of appointment and dismissal of judges will be
determined by the law.
Judicial Council
20.
The sittings of the Judicial Council will be chaired by the Chairman of
the Cassation Court
but without a right to vote.
4.
Local self-government
21.
The Constitution will recognise the principle that Yerevan is a local self-government unit and the need
for the Mayor of Yerevan to be elected in pursuance of the European principles
of local self-government. The Constitution will refer to the law for the
regulation of the specific features of the manner of election.
22.
The President’s power to appoint the Mayor of Yerevan will be deleted
from Article 88.1.
5.
Amendments to the Constitution
23.
Article 113 will be amended by reducing the number of registered voters
from 1/3 to ¼.
6.
Transitional provisions
24.
Article 115 will be deleted. Certain provisions of the Constitution (at
least those concerning human rights, the Human Rights Defender and the
Judiciary) will enter into force immediately or as soon as practicable.
7.
Constructive vote of no-confidence
25.
The possibility of introducing a constructive vote of no-confidence will
be examined by the Armenian authorities.
I.
Follow up
26.
Mr Torossyan is to submit to the Venice Commission, no later than on 7
July 2005, therevised text of the amendments which it is proposed to submit to the National
Assembly for the second reading. This text will reflect the conclusions
contained in this document.
27.
It is understood that the final text will globally respect the principle
of checks and balances.
28.
The Venice Commission’s working group is to assess this revised text and
to submit this assessment to the Armenian authorities no later than on 20
July 2005.
29.
The Armenian authorities are to make any further amendment and
improvement which may be required by the Venice Commission’s working group and
subsequently submit the final text to the National Assembly for its second
reading before the end of August 2005.
30.
The third reading should take place as soon as practicable thereafter.
31.
The constitutional referendum should take place in November 2005.
APPENDIX
LIST OF PARTICIPANTS
ARMENIA
Mr Armen HARUTYUNYAN, Representative of the President of the Republic of Armenia, Substitute member of the Venice Commission
Mr Davit HARUTYUNYAN, Minister, Ministry of Justice of the Republic of Armenia
Mr Tigran TOROSYAN, Deputy Chairman, National Assembly of the Republic of Armenia
Mr Vostanik MARUKHYAN, Deputy of the National Assembly of the Republic of Armenia
Mr Mher SHAHGELDYAN, Deputy of the National Assembly of the Republic of Armenia
Mr Wartan POGOSYAN, NGO “Democracy”
VENICE
COMMISSION
Mr Aivars ENDZINS, President of the Constitutional Court of Latvia,
Member of the Venice Commission
Mr Kaarlo TUORI, Professor, Department of Public Law, University of Helsinki, Finland, Member of the Venice Commission
Mr Vlad CONSTANTINESCO, Professor, Institute of Political Studies, Strasbourg
Mr Gianni BUQUICCHIO, Secretary of the Venice Commission
Ms Simona GRANATA-MENGHINI, Head of the Constitutional Co-operation
Division
Ms Dubravka BOJIC, Administrative Officer, Constitutional Co-operation
Division
COUNCIL OF EUROPE
SECRETARIAT
Mr Christophe POIREL, Deputy to the Secretary to the Committee of
Ministers
Ms Bojana URUMOVA, Special Representative of the Secretary General in Armenia
INTERPRETERS
Ms Tatiana LIACHENKO-ENTINA
Mr Taras KOBUSHKO
