Armenia 1995 Constitution (reviewed 2015)

CHAPTER 7. COURTS AND THE SUPREME JUDICIAL COUNCIL

Article 162. The Administration of Justice

1. In the Republic of Armenia, justice shall be administered solely by courts in accordance with the Constitution and laws.
2. Any interference with the administration of justice shall be prohibited.

Article 163. The Courts

1. The Constitutional Court, the Cassation Court, appellate courts, general jurisdiction first instance courts, and the administrative court shall operate in the Republic of Armenia. In cases prescribed by law, specialized courts may be created.
2. The creation of extraordinary courts shall be prohibited.

Article 164. The Status of a Judge

1. When administering justice, a judge shall be independent and impartial and act only in accordance with the Constitution and the laws.
2. A judge may not be held liable for opinions expressed or judicial acts rendered in the course of administering justice, unless features of a crime or disciplinary offence are present.
3. Criminal prosecution of a judge of the Constitutional Court with respect to the performance of his duties may be initiated only with the consent of the Constitutional Court. With respect to performance of his duties, a judge of the Constitutional Court may not be deprived of liberty without the consent of the Constitutional Court, except when caught at the time of or immediately after the commission of a crime. In this case, deprivation of liberty may not last longer than 72 hours. The Chairman of the Constitutional Court shall be immediately informed of depriving a judge of the Constitutional Court of liberty.
4. Criminal prosecution of a judge with respect to the performance of his duties may be initiated only with the consent of the Supreme Judicial Council. With respect to the performance of his duties, a judge may not be deprived of liberty without the consent of the Supreme Judicial Council, except when caught at the time of or immediately after the commission of a crime. In this case, deprivation of liberty may not last longer than 72 hours. The Chairman of the Supreme Judicial Council shall be immediately informed of depriving a judge of liberty.
5. The grounds and procedure of subjecting a judge to disciplinary liability shall be stipulated by the Law on the Constitutional Court and the Judicial Code.
6. A judge may not hold office not stemming from his function in other state or local self-government bodies, or hold any position in commercial organizations, or engage in entrepreneurial activities, or perform any other paid work, except for scientific, educational, and creative activities. The Law on the Constitutional Court and the Judicial Code may stipulate additional requirements on incompatibility.
7. A judge may not engage in political activities.
8. The powers of a judge shall terminate upon the expiration of the term of office, loss of citizenship of the Republic of Armenia or acquisition of the citizenship of a different state, entry into legal force of a convicting court judgment in respect of him or the criminal prosecution being terminated on a non-acquittal basis, entry into legal force of a court judgment that declares him as legally incapable, as missing, or as having deceased, or in case of his resignation or death.
9. The powers of a Constitutional Court judge shall be terminated by a decision of the Constitutional Court, and the powers of a judge shall be terminated by a decision of the Supreme Judicial Council, in cases of violating the incompatibility requirements, engaging in political activities, the health condition rendering the discharge of his powers impossible, or committing a grave disciplinary offence.
10. Remuneration corresponding to the high status and liability of a judge shall be set for judges. The amount of remuneration of judges shall be stipulated by law.
11. Details related to the status of judges shall be stipulated by the Law on the Constitutional Court and the Judicial Code.

Article 165. Requirements on Judge Candidates

1. A lawyer with higher education, who has attained the age of 40, is a citizen of only the Republic of Armenia, has voting right, and has strong professional qualities and at least 15 years of professional work experience, may be elected as a judge of the Constitutional Court.
2. A lawyer with higher education, who has attained the age of 40, is a citizen of only the Republic of Armenia, has voting right, and has strong professional qualities and at least 10 years of professional work experience, may be appointed as a judge of the Cassation Court.
3. A lawyer with higher education, who is a citizen of only the Republic of Armenia and has voting right, may be appointed as a judge of a first instance or appellate court.
4. Judge candidates shall have a command of the Armenian language.
5. The Law on the Constitutional Court and the Judicial Code may stipulate additional requirements on judge candidates.

Article 166. The Judge Election and Appointment Procedure

1. Judges of the Constitutional Court shall be elected by the National Assembly by at least three fifths of the votes of the total number of parliamentarians, for a 12-year term. The Constitutional Court shall consist of nine judges, three of whom shall be elected upon nomination by the President of the Republic, three upon nomination by the Government, and three upon nomination by the General Assembly of Judges. The General Assembly of Judges may nominate only judges. The same person may be elected as a judge of the Constitutional Court only once.
2. The Constitutional Court shall elect the Constitutional Court chairman and deputy chairman from among its composition for a six-year term, without the right of being reelected.
3. Judges of the Cassation Court shall be appointed by the President of the Republic upon nomination by the National Assembly. The National Assembly shall elect the nominated candidate by at least three fifths of the votes of the total number of parliamentarians, from among a list of three candidates presented by the Supreme Judicial Council for each judge position.
4. The Cassation Court chamber chairmen shall be appointed by the President of the Republic upon nomination by the Supreme Judicial Council, from among the composition of the respective chamber, for a six-year term. The same person may be elected as a chairman of a Cassation Court chamber only once.
5. The Cassation Court chairman shall be elected by the National Assembly by majority vote of the total number of parliamentarians, upon nomination by the Supreme Judicial Council, from among the composition of the Cassation Court, for a six-year term. The same person may be elected as a Cassation Court chairman only once.
6. First instance and appellate court judges shall be appointed by the President of the Republic upon nomination by the Supreme Judicial Council.
7. The chairmen of first instance and appellate courts shall be appointed by the President of the Republic upon nomination by the Supreme Judicial Council, from among the composition of the respective court, for a three-year term. Within three years of the end of his term in office, a court chairman may not be reappointed to such position.
8. Judges shall serve in office until reaching the age of 65 and judges of the Constitutional Court shall serve in office until reaching the age of 70.
9. Details related to the election and appointment of judges shall be stipulated by the Law on the Constitutional Court and the Judicial Code.

Article 167. The Constitutional Court

1. Constitutional justice shall be administered by the Constitutional Court, ensuring the primacy of the Constitution.
2. When administering justice, the Constitutional Court shall be independent and shall abide only by the Constitution.
3. The powers of the Constitutional Court shall be stipulated by the Constitution, while the procedure of its formation and functioning shall be stipulated by the Constitution and the Law on the Constitutional Court.

Article 168. Powers of the Constitutional Court

The Constitutional Court shall, in the manner stipulated by the Law on the Constitutional Court:

1. Determine the conformity with the Constitution of laws, decisions of the National Assembly, orders and decrees of the President of the Republic, decisions of the Government and the Prime Minister, and sub-legislative normative legal acts;
2. Prior to the adoption of the draft Constitutional Amendments, as well as drafts of legal acts put to a referendum, determine their conformity with the Constitution;
3. Prior to the ratification of an international treaty, determine the conformity with the Constitution of obligations enshrined therein;
4. Resolve disputes arising between constitutional bodies with respect to their constitutional powers;
5. Resolve disputes related to decisions adopted with respect to the results of a referendum or the results of elections of the National Assembly and the President of the Republic;
6. Render a decision on termination of the powers of a parliamentarian;
7. Issue an opinion on the existence of a ground for impeaching the President of the Republic;
8. Render a decision on the impossibility for the President of the Republic to discharge his powers;
9. Solve the question of imposing disciplinary liability on a judge of the Constitutional Court;
10. Solve the question of terminating the powers of a judge of the Constitutional Court,
11. Solve the question on initiating criminal prosecution against a judge of the Constitutional Court or consenting to depriving him of liberty with respect to the performance of his duties; and
12. In cases stipulated by law, render a decision on suspending or prohibiting the activities of a party.

Article 169. Applying to the Constitutional Court

1. The following may apply to the Constitutional Court:
   1. The National Assembly – in the cases stipulated by Paragraph 12 of Article 168 of the Constitution; in the case stipulated by Paragraph 7 of Article 168 of the Constitution – by a decision adopted by majority vote of the total number of parliamentarians, and in the case stipulated by Paragraph 10 of Article 168 of the Constitution – by a decision adopted by at least a three-fifths majority vote of total number of parliamentarians;
   2. At least one fifth of the total number of parliamentarians – in the cases stipulated by Paragraphs 1, 4, and 6 of Article 168 of the Constitution;
   3. A faction of the National Assembly – for disputes related to decisions adopted with respect to the results of a referendum or the results of election of the President of the Republic;
   4. The President of the Republic – in the cases stipulated by Paragraph 1 of Article 129, Paragraph 2 of Article 139, Article 150, or Paragraphs 1 and 4 of Article 168 of the Constitution;
   5. The Government – in the cases stipulated by Paragraphs 1, 4, 8, and 12 of Article 168 of the Constitution;
   6. The Supreme Judicial Council – in the cases stipulated by Paragraph 4 of Article 168 of the Constitution;
   7. Local self-government bodies – with a question regarding the conformity with the Constitution of normative legal acts stipulated by Paragraph 1 of Article 168 of the Constitution that violate their constitutional rights, as well as in the cases stipulated by Paragraph 4 of Article 168 of the Constitution;
   8. Everyone – in a concrete case when there is a final act of court, all judicial remedies have been exhausted, and the person challenges the constitutionality of a provision of a normative legal act applied in relation to him by such act of court, which has led to a violation of his fundamental rights and freedoms enshrined in Chapter 2 of the Constitution, taking into account also the construal of such provision in its practical legal application;
   9. The Prosecutor General – concerning the constitutionality of provisions of normative legal acts related to a specific set of proceedings conducted by the prosecution office, as well as in the case stipulated by Paragraph 11 of Article 168 of the Constitution;
   10. The Human Rights Defender – concerning the conformity of the normative legal acts listed in Paragraph 1 of Article 168 of the Constitution with the provisions of Chapter 2 of the Constitution;
   11. Parties or party alliances that participated in the National Assembly election – on disputes connected with decisions taken on the results of the National Assembly election;
   12. The candidates for the President of the Republic – on disputes connected with decisions taken on the results of the election of the President of the Republic; and
   13. At least three judges of the Constitutional Court – in the case stipulated by Paragraph 9 of Article 168 of the Constitution.
2. The National Assembly shall apply to the Constitutional Court in the cases stipulated by Paragraph 2 of Article 168 of the Constitution with questions related to amending the Constitution, acceding to supranational international organizations, or changing the territory. An authorized representative of a popular initiative shall apply to the Constitutional Court with a question concerning a draft law put to a referendum by popular initiative.
3. The Government shall apply to the Constitutional Court in the case stipulated by Paragraph 3 of Article 168 of the Constitution.
4. Courts shall apply to the Constitutional Court on the issue of constitutionality of a normative legal act subject to application in a specific case within their proceedings, if they have grounded suspicion over its constitutionality and find that the solution of the particular case is possible only through the application of the normative legal act in question.
5. The Council of the National Assembly shall apply to the Constitutional Court in the case stipulated by Paragraph 6 of Article 168 of the Constitution.
6. Details of the procedure of application to the Constitutional Court shall be stipulated by the Law on the Constitutional Court.
7. The Constitutional Court shall examine a case only when a respective application is present.

Article 170. Decisions and Opinions of the Constitutional Court

1. The Constitutional Court shall adopt decisions and opinions.
2. Decisions and opinions of the Constitutional Court shall be final and shall enter into force at the moment of being published.
3. The Constitutional Court may set out in its decision a later date of invalidating a normative legal act contravening the Constitution or a part of such normative act.
4. Concerning the matters prescribed by Article 168 of the Constitution, except for the matter prescribed by Paragraph 7, the Constitutional Court shall render decisions. Concerning the matter prescribed by Paragraph 7 of Article 168, it shall issue an opinion.
5. Opinions, as well as decisions on the matters prescribed by Paragraphs 10 and 12 of Article 168 of the Constitution, shall be adopted by at least a two-thirds majority vote of the total number of judges of the Constitutional Court. Other decisions shall be adopted by majority vote of the total number of the judges.
6. If the opinion of the Constitutional Court is negative, the matter shall fall outside the examination of the competent body.

Article 171. The Cassation Court

1. With the exception of the domain of constitutional justice, the Cassation Court shall be the highest judicial instance in the Republic of Armenia.
2. By reviewing judicial acts within the scope of its powers stipulated by law, the Cassation Court shall:
   1. Ensure the consistent application of laws and other normative legal acts;
   2. Eliminate fundamental violations of human rights and freedoms.

Article 172. The Appellate Courts

Appellate Courts are the judicial instance that reviews the judicial acts of first instance courts within the framework of powers stipulated by law.

Article 173. The Supreme Judicial Council

The Supreme Judicial Council is an independent state body that shall safeguard the independence of courts and judges.

Article 174. Composition and Formation Procedure of the Supreme Judicial Council

1. The Supreme Judicial Council shall consist of 10 members.
2. Five of the members of the Supreme Judicial Council shall be elected by the General Assembly of Judges from among judges having at least 10 years of judge experience. Judges of all instances of courts shall be included in the Supreme Judicial Council. The member elected by the General Assembly of Judges may not be a court chairman or a Cassation Court chamber chairman.
3. Five of the members of the Supreme Judicial Council shall be elected by the National Assembly by at least a three-fifths majority vote of the total number of parliamentarians, from among legal scholars and other reputed lawyers that are citizens of only the Republic of Armenia, and have voting right, strong professional qualities, and at least 15 years of professional work experience. A member elected by the National Assembly may not be a judge.
4. The Supreme Judicial Council members shall be elected for a term of five years without the right to be reelected.
5. The Judicial Code may stipulated incompatibility requirements for the Supreme Judicial Council members elected by the National Assembly.
6. The Judicial Code may stipulated a requirement to suspend the powers of the judge members during their term in the Supreme Judicial Council.
7. The Supreme Judicial Council shall elect the Council Chairman from among its composition, in the manner and for the time period stipulated by the Judicial Code, successively from among the members elected by the General Assembly of Judges and the members elected by the National Assembly.
8. Details of the formation of the Supreme Judicial Council shall be stipulated by the Judicial Code.

Article 175. Powers of the Supreme Judicial Council

1. The Supreme Judicial Council shall:
   1. Prepare and approve the list of judge candidates, including the list of candidates for career advancement;
   2. Propose to the President of the Republic the candidates of judges subject to appointment, including appointment through career advancement;
   3. Propose to the President of the Republic the candidates of court chairmen, including Cassation Court chamber chairmen, subject to appointment;
   4. Propose to the National Assembly the candidates of Cassation Court judges and chairman;
   5. Solve the question of transfer of judges to another court;
   6. Solve the question of giving consent to initiating criminal prosecution against a judge or depriving him of liberty with respect to the performance of his duties;
   7. Solve the question of imposing disciplinary liability upon a judge;
   8. Solve the question of terminating the powers of judges;
   9. Approve the estimate of its costs and the cost estimates of courts, and present them to the Government for incorporation in the draft State Budget in the manner stipulated by law; and
   10. Form its staff in accordance with law.
2. When discussing the question of imposing disciplinary liability upon a judge, as well as in other cases stipulated by the Judicial Code, the Supreme Judicial Council shall act as a court.
3. The Supreme Judicial Council shall adopt sub-legislative normative legal acts in the cases and manner stipulated by law.
4. Other powers and the operating procedure of the Supreme Judicial Council shall be stipulated by the Judicial Code.