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CONSTITUTIONAL COURT SAYS CITIZENS STILL HAVE VAGUE IDEA OF GROUNDS FOR APPEAL
By Karine Kalantarian
Radio Liberty, Czech Rep.
Aug. 21, 2006
A senior staffer at the Constitutional Court handling citizen appeals
says citizens in Armenia still have no clear idea on what matters
they can apply to the country's highest judicial body.
Robert Chobanian told RFE/RL on Monday that only 109 out of 288 appeals
filed since early last month have been registered and accepted by the
Court. The appeals of most visitors turned away did not correspond
to the requirements of the constitution.
Armenia's Constitutional Court began accepting appeals from ordinary
citizens for the first time in early July following the entry into
force of one of the recently enacted amendments to the Armenian
constitution.
Until recently, only the president of the republic, at least one
third of the members of parliament as well as election candidates had
the legal right to ask Armenia's highest judicial body to overturn
policies or actions which they believe are unconstitutional. The
constitutional reform extended this prerogative to all citizens and
permanent residents of the country and now the Constitutional Court
also considers the constitutionality of legal provisions applied
against individuals.
According to Chobanian, 13 of the accepted 109 appeals have been
forwarded for further consideration. Two staffs of the court have been
set up to study applications for a month and then appoint specific
dates for review by the Constitutional Court. Twelve of the 13 appeals
were lodged by ordinary citizens. And only one appeal was submitted
by a private company.
Constitutional Court chief of staff Arushan Hakobian announced the
dates for the consideration of six appeals - from September 12 to
November 14.
According to Hakobian, during its September 12 session the Court will,
for example, consider an appeal from a citizen, Manushak Kocharian,
who disputes the constitutionality of the provision of the law that
stipulates that citizens must have social cards to be paid social
pensions.
According to him, a number of appeals concern corresponding articles
of Armenia's Civil Code, mainly regarding the property right, and
some concern Article 4 of the Constitution dealing with human dignity.
The first appeal submitted to the Constitutional Court was from Artak
Zeynalian, a senior member of the opposition Hanrapetutyun party who
is challenging the legality of a decree signed by President Robert
Kocharian in January. Kocharian set up a caretaker body that briefly
managed the Office of Armenia's Ombudsman following the resignation
of the first ombudsman Larisa Alaverdian. Alaverdian and Armenian
opposition leaders described the decree as unconstitutional.
Zeynalian's appeals against it were thrown out by lower courts.
"My appeal was not accepted unanimously. Therefore it was discussed at
a meeting of the whole staff of the Constitutional Court," Zeynalian
told RFE/RL.
The Constitutional Court will gather to hear Zeynalian's appeal on
November 14.
By Karine Kalantarian
Radio Liberty, Czech Rep.
Aug. 21, 2006
A senior staffer at the Constitutional Court handling citizen appeals
says citizens in Armenia still have no clear idea on what matters
they can apply to the country's highest judicial body.
Robert Chobanian told RFE/RL on Monday that only 109 out of 288 appeals
filed since early last month have been registered and accepted by the
Court. The appeals of most visitors turned away did not correspond
to the requirements of the constitution.
Armenia's Constitutional Court began accepting appeals from ordinary
citizens for the first time in early July following the entry into
force of one of the recently enacted amendments to the Armenian
constitution.
Until recently, only the president of the republic, at least one
third of the members of parliament as well as election candidates had
the legal right to ask Armenia's highest judicial body to overturn
policies or actions which they believe are unconstitutional. The
constitutional reform extended this prerogative to all citizens and
permanent residents of the country and now the Constitutional Court
also considers the constitutionality of legal provisions applied
against individuals.
According to Chobanian, 13 of the accepted 109 appeals have been
forwarded for further consideration. Two staffs of the court have been
set up to study applications for a month and then appoint specific
dates for review by the Constitutional Court. Twelve of the 13 appeals
were lodged by ordinary citizens. And only one appeal was submitted
by a private company.
Constitutional Court chief of staff Arushan Hakobian announced the
dates for the consideration of six appeals - from September 12 to
November 14.
According to Hakobian, during its September 12 session the Court will,
for example, consider an appeal from a citizen, Manushak Kocharian,
who disputes the constitutionality of the provision of the law that
stipulates that citizens must have social cards to be paid social
pensions.
According to him, a number of appeals concern corresponding articles
of Armenia's Civil Code, mainly regarding the property right, and
some concern Article 4 of the Constitution dealing with human dignity.
The first appeal submitted to the Constitutional Court was from Artak
Zeynalian, a senior member of the opposition Hanrapetutyun party who
is challenging the legality of a decree signed by President Robert
Kocharian in January. Kocharian set up a caretaker body that briefly
managed the Office of Armenia's Ombudsman following the resignation
of the first ombudsman Larisa Alaverdian. Alaverdian and Armenian
opposition leaders described the decree as unconstitutional.
Zeynalian's appeals against it were thrown out by lower courts.
"My appeal was not accepted unanimously. Therefore it was discussed at
a meeting of the whole staff of the Constitutional Court," Zeynalian
told RFE/RL.
The Constitutional Court will gather to hear Zeynalian's appeal on
November 14.