RFE/RL translated a brochure from the Armenian Government with the explanations of the key amendments to the Constitution that will go on referendum this Sunday. The text is available here.
3. What is the essence of the restrictions imposed on the presidential powers and what is the rationale for them?
In a semi-presidential system, the president is in a position to seek to maintain a balance and to safeguard the normal functioning of the legislative, executive, and judicial branches only if he has the constitutionally guaranteed possibility of exerting influence on the activities of all three branches of power. At the same time, it is clear that the president may not deprive the branches of power of the possibility of acting independently, and from this angle the amendments are intended to substantially limit the powers of the president of the republic in his relations with the legislative, executive, and judicial branches.
In the relations between the president and the parliament, it is envisaged to abolish the exclusive right of the president of the republic to dissolve the National Assembly. In addition, it is the position of the parliament, not that of the president, that is decisive when it comes to forming the government.
It is envisaged to transfer to the National Assembly other aspects of the powers of the president of the republic. Thus, under the present constitution it is the president who appoints and dismisses the prosecutor-general at the proposal of the prime minister, whereas the constitutional amendments envisage that the National Assembly will appoint the prosecutor-general at the proposal of the president of the republic (Article 103). One more example: under the existing constitution, the president can convene an emergency session of the National Assembly, while after the amendments have been passed that right will devolve on the chairman of the National Assembly (Article 70). In line with the constitutional amendments the president will not establish the structure of the government or monitor the decisions of the government, and he will no longer head the Council of Justice.
6. Why are the provisions on presidential immunity written into the constitution, and what will the legal consequences of those provisions be?
We are not talking about total immunity for the president but for immunity for those actions that result from his formal status. The powers of the president of the republic are exhaustively defined by the constitution. It is these powers that limit the immunity of the president , because after expiry of his term the president can be brought to justice for actions that are not connected with his formal status (Article 56.1, Part 2). In addition, the president of the republic can be removed from office for treason and other grave crimes regardless of whether his criminal actions are connected with his official position. He can also be brought to trial after his removal from office. There are similar provisions with regard to presidential immunity in the constitutions of other states, including Romania (Article 95), Bulgaria (Article 102), Lithuania (Article 86), Poland (Article 145), and others. The purpose of this is to protect the president of the republic from politically motivated criminal prosecution.
7. Society has always been harshly critical of the legal system. What amendments are to be made to the constitution with regard to the courts in order to improve people’s trust in the legal system?
Improving the work of the courts is a complex problem that requires the implementation of economic, social, organizational, and educational measures. In present conditions particular attention is paid to ensuring the independence of courts and judges. This is the basic aim of the proposed constitutional amendments. Under the existing constitution the president of the republic is chairman of the Council of Justice and the justice minister and the prosecutor-general serve as deputy chairmen. Essentially, by means of the Council of Justice the president oversees the appointment of judges and assigns specific questions to them. If the constitutional amendments are adopted, it is the chairman of the Appeals Court who will chair sessions of the Council of Justice, although he will not have voting rights. This will significantly reduce the possibilities for the president of the republic and representatives of the executive to influence decisions made by the Council of Justice, which will in fact become something like an organ of self-government for judges.
The role of the Appeals Court in the legal system will change drastically. According to the proposed amendment to Article 92, the Appeals Court is called upon to ensure the uniform application of the law. The aim of the proposed amendment is to limit the scope for judges to interpret the law arbitrarily and hand down arbitrary judgments, to exclude the possibility of judges handing down diverging rulings and verdicts in identical cases.
The proposed amendment to Article 18 of the constitution will also serve to improve the work of the courts. In accordance with the international obligations of the Republic of Armenia, that amendment gives everyone the right to appeal to international organs to defend his human rights and freedoms. We have already touched on that. We will add only that the practical implementation of that provision will provide for the real influence of international legal organs on the functioning of the Armenian legal system and will help to ensure that the work of our courts corresponds to international criteria and norms.