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European experts unhappy with Armenian constitutional reform drafts
Arminfo
13 Dec 04
YEREVAN
All three drafts of constitutional reforms put up for public
discussion are still far from democratic principles, Vardan Pogosyan,
representative of the international NGO Partnership in the Name of
Open Society, said in Yerevan today, citing the conclusion of the
Venice Commission of the Council of Europe.
Addressing a meeting to discuss these draft laws, he said that the
Venice Commission had looked into the three drafts: the one of
Armenia's ruling coalition, the one offered by the National Democratic
Bloc party led by Arshak Sadoyan and the draft put forward by the
United Labour Party chaired by Gurgen Arsenyan.
European experts reckon that the main shortcoming of all the drafts is
the ill-defined division of the branches of power.
The draft offered by the National Democratic Bloc is weaker than the
others since it does not say anything about the protection of people's
basic rights and freedoms, as well as about the protection of freedom
of speech and conscience. Experts at the Venice Commission believe
that the package of constitutional reforms drafted in July 2001 should
be taken as a basis. It was drafted by a special ad hoc commission
which included the chairman of the Constitutional Court, Gagik
Arutyunyan, Justice Minister David Arutyunyan and others. For their
part, the 2003 and 2004 packages may serve as addenda to the aforesaid
document.
In the European experts' view, for some reason the three drafts lack
provisions guaranteeing citizens' judicial protection while the
abolishment of the death penalty is mentioned only in passing - "each
citizen has the right to life". The experts at the Venice Commission
believe that the members of the Council of Justice must be appointed
by the parliament, not by the president. The president must be
stripped of his right to appoint and dismiss prime ministers, and this
right should be handed over to the parliament.
The functions of the head of state must not be dominant even in
countries with semi-presidential rule. Among all the countries with
semi-presidential rule, only in Armenia and Russia it is the president
who appoints and dismisses prime ministers. Ukraine is the last
country to give up this practice.
On the whole, the Venice Commission's experts concluded that there are
all conditions in Armenia to conduct genuinely democratic
constitutional reforms with the broad participation of all the
political organizations without exception in the process of
establishing a civic society, Vardan Pogosyan said.
Arminfo
13 Dec 04
YEREVAN
All three drafts of constitutional reforms put up for public
discussion are still far from democratic principles, Vardan Pogosyan,
representative of the international NGO Partnership in the Name of
Open Society, said in Yerevan today, citing the conclusion of the
Venice Commission of the Council of Europe.
Addressing a meeting to discuss these draft laws, he said that the
Venice Commission had looked into the three drafts: the one of
Armenia's ruling coalition, the one offered by the National Democratic
Bloc party led by Arshak Sadoyan and the draft put forward by the
United Labour Party chaired by Gurgen Arsenyan.
European experts reckon that the main shortcoming of all the drafts is
the ill-defined division of the branches of power.
The draft offered by the National Democratic Bloc is weaker than the
others since it does not say anything about the protection of people's
basic rights and freedoms, as well as about the protection of freedom
of speech and conscience. Experts at the Venice Commission believe
that the package of constitutional reforms drafted in July 2001 should
be taken as a basis. It was drafted by a special ad hoc commission
which included the chairman of the Constitutional Court, Gagik
Arutyunyan, Justice Minister David Arutyunyan and others. For their
part, the 2003 and 2004 packages may serve as addenda to the aforesaid
document.
In the European experts' view, for some reason the three drafts lack
provisions guaranteeing citizens' judicial protection while the
abolishment of the death penalty is mentioned only in passing - "each
citizen has the right to life". The experts at the Venice Commission
believe that the members of the Council of Justice must be appointed
by the parliament, not by the president. The president must be
stripped of his right to appoint and dismiss prime ministers, and this
right should be handed over to the parliament.
The functions of the head of state must not be dominant even in
countries with semi-presidential rule. Among all the countries with
semi-presidential rule, only in Armenia and Russia it is the president
who appoints and dismisses prime ministers. Ukraine is the last
country to give up this practice.
On the whole, the Venice Commission's experts concluded that there are
all conditions in Armenia to conduct genuinely democratic
constitutional reforms with the broad participation of all the
political organizations without exception in the process of
establishing a civic society, Vardan Pogosyan said.