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| 20:47:28 | 24-06-2005 | Politics | PACE SUMMER SESSION 2005 |
COE WILL BE DISAPPOINTED WITH ARMENIA, IF...
After the end of the Venice Commission working group session the Commission
Constitutional Rights department head Simona Granata-Mengini answered the
questions of «A1+».
- According to the agreement reached by the Venice Commission working group
and the Armenian delegation, how must the governing system be formed.
- As for the formation of the governing system, we came to an agreement
about three main issues. The first refers to the way of appointing the
Government. The President must appoint Prime Minister the candidate who
enjoys the support of the majority in the National Assembly. After the
formation of the Government, if his program is not confirmed by the NA
twice, the President can dissolve the Parliament. The President cannot
resign the Prime Minister but he can offer the Parliament to resign him.
>From now on, the Government will give an account to the National Assembly
only. This is very important, as the President will not be able to control
the Government. The NA is not obliged to take the offer of the President to
resign the Prime Minister.
- And as for the appointing of judges, does the President have to accept the
offers of the Security Council?
- As you know, the order of forming the Security Council is already
regulated. The President and the NA appoint two members each, and the rest
of the members are elected by the Judges. The President is not to appoint
the head of the Council, and the sessions of the Council will be presided
over by the Judge of the Court of Appeal who will not have the right to
vote. We agreed that the President of the country cannot appoint or resign
judges without the offer of the Security Council. At present CoE is working
on the Law on the Court System together with the RA authorities, and now we
cannot discuss the way of appointing the Judges. That must be regulated by
the law.
- And did you clear up when the Constitutional reforms must enter into
vigor?
- This is a very important issue, and the PACE called the RA authorities to
enter the Constitutional reforms into vigor immediately. Technically it is
impossible to do it immediately after the referendum, as many laws must be
changed in order to do it. We have not yet decided which Parliament must
realize the changes - this or the following one. We have come to an
agreement that several changes, for example - the issues about the Human
Rights Defender and the Court system, must enter into vigor immediately. As
for the issues about state structures, an agreement must be reached with
CoE.
- The Venice Commission has expressed its disappointment with Armenia. If
the agreements reached today are not included into the draft Constitution,
will the Venice Commission continue cooperating with Armenia?
- CoE wants Armenia to realize Constitutional reforms, but this is not an
end in itself. If the changes are not included in the draft Constitution,
CoE will be disappointed. Of course, it will leave its negative influence on
Armenia in CoE.
| 20:47:28 | 24-06-2005 | Politics | PACE SUMMER SESSION 2005 |
COE WILL BE DISAPPOINTED WITH ARMENIA, IF...
After the end of the Venice Commission working group session the Commission
Constitutional Rights department head Simona Granata-Mengini answered the
questions of «A1+».
- According to the agreement reached by the Venice Commission working group
and the Armenian delegation, how must the governing system be formed.
- As for the formation of the governing system, we came to an agreement
about three main issues. The first refers to the way of appointing the
Government. The President must appoint Prime Minister the candidate who
enjoys the support of the majority in the National Assembly. After the
formation of the Government, if his program is not confirmed by the NA
twice, the President can dissolve the Parliament. The President cannot
resign the Prime Minister but he can offer the Parliament to resign him.
>From now on, the Government will give an account to the National Assembly
only. This is very important, as the President will not be able to control
the Government. The NA is not obliged to take the offer of the President to
resign the Prime Minister.
- And as for the appointing of judges, does the President have to accept the
offers of the Security Council?
- As you know, the order of forming the Security Council is already
regulated. The President and the NA appoint two members each, and the rest
of the members are elected by the Judges. The President is not to appoint
the head of the Council, and the sessions of the Council will be presided
over by the Judge of the Court of Appeal who will not have the right to
vote. We agreed that the President of the country cannot appoint or resign
judges without the offer of the Security Council. At present CoE is working
on the Law on the Court System together with the RA authorities, and now we
cannot discuss the way of appointing the Judges. That must be regulated by
the law.
- And did you clear up when the Constitutional reforms must enter into
vigor?
- This is a very important issue, and the PACE called the RA authorities to
enter the Constitutional reforms into vigor immediately. Technically it is
impossible to do it immediately after the referendum, as many laws must be
changed in order to do it. We have not yet decided which Parliament must
realize the changes - this or the following one. We have come to an
agreement that several changes, for example - the issues about the Human
Rights Defender and the Court system, must enter into vigor immediately. As
for the issues about state structures, an agreement must be reached with
CoE.
- The Venice Commission has expressed its disappointment with Armenia. If
the agreements reached today are not included into the draft Constitution,
will the Venice Commission continue cooperating with Armenia?
- CoE wants Armenia to realize Constitutional reforms, but this is not an
end in itself. If the changes are not included in the draft Constitution,
CoE will be disappointed. Of course, it will leave its negative influence on
Armenia in CoE.