CC RULING IS UNTOUCHABLE
A1Plus.am
02/02/10
Serzh Sargsyan still hasn't sent the Turkey-Armenia Protocols to
the National Assembly for ratification. "A1+" asked head of the
NA committee on state-legal issues David Harutyunyan whether the
Protocols would be ratified taking the ruling of the Constitutional
Court as a basis or not.
"The National Assembly ratifies the Protocols, but by ratifying the
Protocols, the NA takes into account the court's position from the
legal angle. Each legal text can be interpreted in different ways. The
Constitutional Court presented how the texts should be perceived. From
that angle, I believe that although the NA ratifies the Protocols,
it definitely takes into account the legal position of the CC",
said David Harutyunyan.
David Harutyunyan said that he considered Turkey's claims according to
which the content of the Protocols has been distorted by the CC ruling
and that certain preconditions have been added as absurd. "The CC has
not changed anything in any way. It has specified why it considers
these Protocols constitutional. I view Turkey's claims as a phony
means of explaining why they are delaying the ratification."
Some say that the CC has exceeded its powers by including
clarifications in the preamble of the decision. David Harutyunyan
tends to differ: "I view the CC ruling as untouchable in terms
of legality. I read the ruling very carefully and I think it is
untouchable in terms of the law, international obligations and that
it corresponds to the spirit of international treaties. The CC has
not taken any step toward exceeding its powers. I think the CC has
applied a very legal technique and I would truly be happy for all
acts to be untouchable at this level."
A1Plus.am
02/02/10
Serzh Sargsyan still hasn't sent the Turkey-Armenia Protocols to
the National Assembly for ratification. "A1+" asked head of the
NA committee on state-legal issues David Harutyunyan whether the
Protocols would be ratified taking the ruling of the Constitutional
Court as a basis or not.
"The National Assembly ratifies the Protocols, but by ratifying the
Protocols, the NA takes into account the court's position from the
legal angle. Each legal text can be interpreted in different ways. The
Constitutional Court presented how the texts should be perceived. From
that angle, I believe that although the NA ratifies the Protocols,
it definitely takes into account the legal position of the CC",
said David Harutyunyan.
David Harutyunyan said that he considered Turkey's claims according to
which the content of the Protocols has been distorted by the CC ruling
and that certain preconditions have been added as absurd. "The CC has
not changed anything in any way. It has specified why it considers
these Protocols constitutional. I view Turkey's claims as a phony
means of explaining why they are delaying the ratification."
Some say that the CC has exceeded its powers by including
clarifications in the preamble of the decision. David Harutyunyan
tends to differ: "I view the CC ruling as untouchable in terms
of legality. I read the ruling very carefully and I think it is
untouchable in terms of the law, international obligations and that
it corresponds to the spirit of international treaties. The CC has
not taken any step toward exceeding its powers. I think the CC has
applied a very legal technique and I would truly be happy for all
acts to be untouchable at this level."