Armenia > Law on the Constitutional Court
ToC 

    { Adopted by the National Assembly on: 9 Dec 1997 }
    { Signed by President Levon Ter-Petrossian on: 30 Dec 1997 }
    { Official Title: Constitution of the Republic of Armenia }
    { ICL Document Status: 30 Dec 1997 }


 

Chapter 1 General Priniciples

 
Article 1 Composition and establishment of the Constitutional Court
(1) The Constitutional Court shall be made up of nine Members. Five Members shall be appointed by the National Assembly, the other four by the President of the Republic.
(2) The National Assembly shall appoint Members of the Constitutional Court in a manner established by the Constitution.
(3) The Constitutional Court shall be considered established when more than half its Members are appointed.
 
Article 2 Designation of the President of the Constitutional Court
(1) The President of the Constitutional Court shall be designated from among its Members by the National Assembly on the basis of a proposal made by the President of the National Assembly.
(2) If the National Assembly is unable to designate a President of the Constitutional Court within 30 days of the formation of the Constitutional Court, the President of the Constitutional Court then shall be designated by the President of the Republic.
(3) The President of the Republic shall designate a President of the Constitutional Court from among the Members of the Constitutional Court.
 
Article 3 Qualifications required of Members of the Constitutional Court
(1) Any citizen of the Republic of Armenia who is 35 years of age and has the right to vote can be appointed to the Constitutional Court if he/she has completed higher education, has at least 10 years of work experience, has experience in the legal field in the government or scientific institutions, is of high moral character and has a command of the Armenian language.
(2) A Member of the Constitutional Court may not hold any other public office or be engaged in any other paid occupation, except for scientific, educational and creative work.
(3) A Member of the Constitutional Court may not be a Member of any political party or engage in any political activity.
(4) A Member of the Constitutional Court may not be an author or co-author of the legal acts provided for by paragraphs 1 and 2 of Article 100 of the Constitution.
 
Article 4 Oath of a Member of the Constitutional Court
Member of the Constitutional Courtshall assume his/her office in the presence of the President of the Republic at a session of the National Assembly by taking the following Oath:
"By assuming the Office of Member of the Constitutional Court, I swear before the people of the Republic of Armenia that I will defend the Constitution, be impartial and hold high the calling of the Member of the Constitutional Court."
 
Article 5 Powers of the Constitutional Court
According to Article 100 of the Constitution and in the manner prescribed by the present Law, the Constitutional Court:
1) shall decide on whether the laws, the findings of the National Assembly, the orders and decrees of the President of the Republic and the findings of the Government are in conformity with the Constitution;
2) shall decide, prior to the ratification of an international treaty, whether the obligations assumed therein are in conformity with the Constitution;
3) shall rule on disputes concerning referenda and the results of Presidential and parliamentary elections;
4) shall ascertain the existence of insurmountable obstacles facing a Presidential candidate or the fact of the removal of such obstacles;
5) shall determine whether there are grounds for the removal of the President of the Republic;
6) shall determine whether there are grounds for the appeal provided for in paragraphs 13 and 14 of Article 55 of the Constitution;
7) shall determine whether the President of the Republic is incapable of continuing to perform his or her functions;
8) shall determine whether there are grounds for the removal of a Member of the Constitutional Court, the arrest or the initiation of administrative or criminal proceedings through the judicial process;
9) shall decide on the suspension or prohibition of a political party in cases prescribed by law.
 
Article 6 Fundamental principles guiding the activities of the Constitutional Court
The fundamental principles guiding the activities of the Constitutional Court shall be independence, the adversarial principle, collegiality, and transparency.
 
Article 7 Guarantees for the material security of the Constitutional Court
(1) The President of the Constitutional Court shall present to the Government for inclusion in the State budget the projected expenses of the Constitutional Court.
(2) The budget of the Constitutional Court shall be part of the State budget.
(3) The Government shall provide the Constitutional Court with its own building and with the equipment necessary to ensure its normal functioning.
 
Article 8 Legislation on the Constitutional Court
The powers of the Constitutional Court shall be defined by the Constitution; the procedures of its composition and activities shall be defined by the Constitution and by the present Law.
 

Chapter 2 Members of the Constitutional Court

 
Article 9 Equality of Members of the Constitutional Court
(1) Members of the Constitutional Court shall have equal rights.
(2) When a decision or finding of the Constitutional Court is being adopted, each Member of the Constitutional Court shall have the right to one vote.
 
Article 10 Independence of Members of the Constitutional Court
A Member of the Constitutional Court shall be independent and subject only to the law. The exertion of any influence on a Member of the Court in relation to his/her activities is prohibited and shall be punishable by law.
 
Article 11 Irremovability of Members of the Constitutional Court
(1) A Member of the Constitutional Court shall be irremovable and may hold office until the age of 70.
(2) A Member of the Constitutional Court may be removed from office on the grounds and in accordance with the procedures specified by the Constitution and the present Law.
 
Article 12 Personal immunity of Members of the Constitutional Court
(1) Members of the Constitutional Court shall have personal immunity.
(2) A Member of the Constitutional Court may not be detained and subjected to administrative or criminal prosecution through judicial proceedings without the consent of the body that has appointed him/her and a decision of the Constitutional Court.
(3) In the case of the arrest or search of a Member of the Constitutional Court, the President of the Constitutional Court and the body that has appointed him/her must be immediately informed.
(4) A Member of the Constitutional Court may be arrested or searched only on the basis of a warrant of the Prosecutor-General of the Republic of Armenia.
(5) The security of the Court and its Members shall be ensured in a manner prescribed by the law.
 
Article 13 Material security of the President and Members of the Constitutional Court.
(1) In order to ensure the activities of the Member of the Constitutional Court, the state shall provide the Member with adequate living and working conditions.
(2) The level of remuneration of the President and Members of the Constitutional Court shall be determined by law.
(3) In cases where the powers of a Member of the Constitutional Court are terminated because of subparagraph 1 of paragraph 1 or subparagraph 2 of paragraph 2 of Article 14 of the present Law, a Member shall be granted a pension equal to 75% of his/her salary as a Member of the Constitutional Court.
(4) The vacation of a Member of the Constitutional Court shall be 36 working days.
(5) As a result of the necessity of conducting preliminary investigations for an appeal or a case the President of the Constitutional Court may recall Members from their vacation.
(6) Upon the request of the President of the Constitutional Court judicial qualifications may be granted to the Members of the Constitutional Court.
(7) The respective specialist in the staff of the Constitutional Court shall receive court ranks from the President of the Constitutional Court.
 

Chapter 3 Termination of the membership of the member of the Constitutional Court

 
Article 14 Grounds for termination of Membership of a Member of the Constitutional Court
(1) Membership of the Constitutional Court shall be terminated automatically and the post shall be considered vacant when a Member:
1) has reached the age of retirement;
2) has died;
3) has had his/her citizenship withdrawn;
4) has applied in writing to the body that appointed him/her, requesting the termination of his powers, and has informed the Constitutional Court of that appeal and in not less than 15 days, but not later than in a month, has reiterated his/her resignation.
5) is determined by a Court of law to be unable to work, missing or dead;
6) has been found guilty by a Court of law.
(2) Membership in the Constitutional Court may be terminated on the basis of a ruling of the Constitutional Court when a Member:
1) has been absent three consecutive times from the sessions of the Court without an excuse;
2) has been unable to fulfill for four months his/her duties as a Member of the Constitutional Court because of some temporary disability or other lawful reason;
3) has committed an act disrespectful of the honour and dignity of a Member of the Constitutional Court.
(3) In cases when membership of the Constitutional Court has been terminated because of the reasons provided for by paragraph 1 above, the President of the Constitutional Court, in a period of two days after the vacancy has occurred, shall apply respectively either to the President of the Republic or the National Assembly, requesting to appoint a new Member. The Chairperson of the National Assembly shall inform the National Assembly of that request at its next session.
(4) If a situation has arisen as a consequence of any of the reasons provided for in paragraph 2 above, the President of the Constitutional Court shall inform the body that appointed that Member about the situation in writing.
(5) The termination of the membership under the conditions specified in subparagraph 4 of paragraph 1 of this Article may become a subject for the discussion for the body that has appointed the Member on the basis of a ruling of the Constitutional Court, passed in a manner prescribed by the law.
 
Article 15 Procedure for filling a vacant position of the President or a Member of the Constitutional Court
(1) The appointment of a new Member of the Constitutional Court shall be made within two months of the termination of a Member's Membership in the Court on the basis of the procedures set down by the Constitution and the present Law.
(2) If the vacant position of the President of the Constitutional Court is not filled by the National Assembly within 30 days, the President of the Republic shall appoint the President of the Constitutional Court within one month.
 

Chapter 4 The organisation of the activities of the Constitutional Court

 
Article 16 Organisation of the activities of the Constitutional Court
(1) The President of the Constitutional Court shall organise and direct the activities of the Constitutional Court. The Vice-President of the Court shall replace him/her in his/her absence under the instruction of the President of the Court.
(2) A Member of the Constitutional Court, appointed by the President of the Constitutional Court, shall replace the Vice-President of the Court in the latter's absence, in a manner consistent with the procedures prescribed by the Constitution, the present Law and procedures established by the Constitutional Court.
 
Article 17 The President of the Constitutional Court
The President of the Constitutional Court shall:
1) prepare the sessions of the Constitutional Court;
2) give instructions to the Members of the Constitutional Court, in order to prepare the review of issues during the sessions of the Court;
3) convene and preside over the sessions of the Constitutional Court;
4) present to the Constitutional Court the issues to be reviewed at the sessions;
5) make rulings on the preservation of order during the review of cases, makes requests to the parties and witnesses, which are mandatory for all;
6) represent the Constitutional Court in its relations with other bodies and organisations;
7) be responsible for the general management of the staff of the Constitutional Court, appoint and dismiss the chief of staff, approve the rules of procedure and the list of positions of the staff;
8) be responsible for the expenditures of the Constitutional Court and ensure its normal functioning;
9) exercise other powers granted him/her by the present Law.
 
Article 18 Election of the Vice-President of the Constitutional Court
The Constitutional Court shall elect and recall a Vice-President of the Constitutional Court upon recommendation of the President of the Court and by a majority vote of the Members of the Court.
 

Chapter 5 The principles governing the review of cases by the Constitutional Court

 
Article 19 Collegiality
(1) The review of cases and the adoption of decisions or findings in cases by the Constitutional Court shall be done on the basis of collegiality.
(2) The decisions and findings of the Constitutional Court shall be adopted by voting.
 
Article 20 Openness
(1) The sessions of the Constitutional Court shall be held in public.
(2) By a majority vote, the Constitutional Court may decide to hold a session or part of a session in the absence of the media and the public in the interests of community morals, public order and state security, and for the privacy of the parties and the case.
(3) The decisions and findings adopted by the Constitutional Court shall be announced publicly during the sessions of the Court.
(4) The Constitutional Court may allow the sessions to be photographed, taped, video-recorded or broadcast.
 
Article 21 Oral proceedingss
(1) The review of cases in the Constitutional Court shall be conducted orally, except for cases prescribed by Article 21a of the present Law. During the review of cases, the Court shall hear the statements of the parties and witnesses, the conclusions of experts, and make public the documents related to the cases.
(2) Those documents of which copies have been distributed to the Members of the Court and the parties before the session may be exempt from the requirement of being read during the session.
 
Article 21a Written proceedings
(1) In cases dealing with the results of the elections of deputies, as well as in cases provided for by Articles 56 and 62 of the present Law, upon the decision of the Constitutional Court, the review of a case at the session of the Constitutional Court may be conducted in written proceedings.
(2) The review of the case in the Constitutional Court may be done orally, if this is requested by the parties in a written appeal.
(3) During the sessions conducted in written proceedings, the parties, their representatives, public officials, experts and other persons summoned by the Constitutional Court to take part in the review shall submit their statements, conclusions and replies to the questions posed by the Members of the Constitutional Court, upon the decision of the Constitutional Court, both in written form and orally, in a time frame set forth by the Constitutional Court.
(4) In case of written proceedings, all the materials of the case shall be submitted to the Members of the Constitutional Court at least five days prior to the session.
 
Article 21b Adversarial principle
At as session of the Constitutional Court the review of cases shall be carried out according to the adversarial principle. The parties contribute to the adoption by the Constitutional Court of a resolution of the case by freely expressing their position and presenting arguments and counter-arguments.
 
Article 22 Continuity
(1) During each session the Constitutional Court shall review a case without interruptions, except for the periods of rest and breaks as determined by the Constitutional Court.
(2) Until the review of the case under consideration has been completed or postponed the Court may consider other cases only in exceptional circumstances and if it so decides.
 
Article 23 Equality of the parties
During a session of the Constitutional Court, the parties shall have equal procedural rights and equal opportunity to exercise them.
 
Article 24 Language used for the review of cases
(1) The review of cases during Constitutional Court sessions shall be conducted in the Armenian language.
(2) Persons participating in a session who do not know the Armenian language shall be entitled to address the Court in another language. The services of an interpreter shall be provided by the Court.
 

Chapter 6 The appeal to the Constitutional Court

 
Article 25 The right to appeal to the Constitutional Court
The Constitutional Court may hear cases submitted by:
1) the President of the Republic;
2) at least one third of the Members of the National Assembly;
3) Presidential and parliamentary candidates on disputes concerning election results;
4) the Government, in cases prescribed by Article 59 of the Constitution;
5) the National Assembly in cases prescribed by Article 57 of the Constitution.
 
Article 26 Admissibility of cases for review by the Constitutional Court
The Constitutional Court shall only hear cases that have been submitted in due form.
 
Article 27 General requirements for the submission of a case
(1) Appeals shall be presented to the Constitutional Court in writing, signed by the authorised individual, individuals or body.
(2) The appeal must include:
1) the name of the Constitutional Court;
2) the name and legal address of the appealing party;
3) necessary information on the representative of the appealing party (if any);
4) the Article of the Constitution which constitutes the basis for the appeal to the Constitutional Court;
5) the position of the appealing party on the issue raised by it with reference to the relevant Constitutional norms;
6) the request being made to the Constitutional Court, i.e., the substance of the appeal;
7) the list of documents attached to the appeal.
(3) In addition to the requirements specified in paragraph 2 of this Article, if the appeal is filed on the basis of paragraphs 1 and 2 of Article 100 of the Constitution, those filing the appeal should also indicate the name of the body that has adopted the act which is contested, the title of the act, and the date of its adoption.
 
Article 28 Documents to be attached to the appeal
(1) The following documents must be attached to the appeal presented to the Constitutional Court:
1) the authorisation or other documents certifying the authorisation of the representative;
2) the Armenian translation of all documents in foreign languages, certified in the manner prescribed by law;
3) in the case of an appeal related to paragraphs 1 and 2 of Article 100 of the Constitution, copies of the acts in question.
(2) The appeal may also be accompanied by a list of those witnesses and experts whom it is proposed to summon to the session of the Constitution Court, as well as by other documents and materials.
(3) After the appeal has been deemed admissible, the appealing party may submit new documents only following the decision of the Constitutional Court.
 

Chapter 7 The preliminary review of the appeal

 
Article 29 Adoption of the appeal by the Constitutional Court
(1) Appeals presented to the Constitutional Court shall be subject to mandatory registration.
(2) The registered appeal shall be submitted to the President of the Constitutional Court.
(3) If it is evident that the issue raised in the appeal is not subject to the review of the Constitutional Court, or if the appeal does not correspond in form to the requirements of Articles 27 and 28 of the present Law, or if it is presented to the Court by bodies, a person or persons who are not authorised to make an appeal to the Court, the Court must inform the appealing party in writing within five days of the presentation of the appeal that the appeal does not meet the requirements of the present Law.
(4) The appealing party shall have the right to reapply to the Constitutional Court once it has altered the appeal to meet the requirements of the present Law.
 
Article 30 Preliminary study of the appeal
(1) In the absence of the elements set down in paragraph 3 of Article 29 of the present Law, the appeal shall be subjected to a preliminary study.
(2) The President of the Constitutional Court shall assign one or more Members of the Constitutional Court to undertake a preliminary study of the appeal, which must be completed no later than eight days following the registration of the appeal, unless other deadlines are prescribed by the present Law.
 
Article 31 Admitting the case for review
(1) Based on the results of the preliminary study, the Member(s) shall make a report to the President of the Constitutional Court.
(2) Within three days of the submission of the report, the President of the Constitutional Court shall convene a session of the Constitutional Court to determine whether the Court admits the case for review.
(3) If a decision is made to admit the case for review, the Constitutional Court shall undertake the review of the case no later than twenty days after the registration of the appeal, if there are no other deadlines prescribed in the present Law.
(4) The Constitutional Court shall inform the appealing party as well as interested parties and persons of the decision of the Constitutional Court.
 
Article 32 Rejecting a case for review
The Constitutional Court shall decide not to review a case if:
1) the issues raised in the appeal are not subject to the jurisdiction of the Constitutional Court;
2) the appealing party is not authorised to appeal to the Constitutional Court;
3) the issue raised in the appeal has been the subject of a prior decision of the Constitutional Court.
 
Article 33 Withdrawing the appeal
The appealing party may withdraw the appeal presented to the Constitutional Court at any time until the start of the session scheduled for the review of the case.
 

Chapter 8 General rules for the review of cases in the Constitutional Court

 
Article 34 Sessions of the Constitutional Court
(1) The Constitutional Court shall review cases during sessions of the Constitutional Court.
(2) A quorum shall be established if a majority of the total number of Members of the Constitutional Court are present.
 
Article 35 Convening a session
(1) Sessions of the Constitutional Court shall be convened and presided over by the President of the Constitutional Court.
(2) In the absence of the President of the Constitutional Court and upon his/her instruction, a session of the Constitutional Court may be convened and presided over by the Vice-President of the Constitutional Court, and in the latter's absence, by one of the Members of the Constitutional Court, as instructed by the President of the Constitutional Court.
 
Article 36 Preparing the case for review
(1) To prepare a case for review and to present the circumstances related to the case, the Constitutional Court shall designate a Rapporteur (Rapporteurs) from among its Members.
(2) The Constitutional Court shall determine whether the review of the case shall be conducted orally or by a written procedure.
(3) In reviewing the appeal and preparing the case for review, a Member (Members) of the Constitutional Court, with the knowledge of the President of the Constitutional Court, shall have the right to request documents, findings and other material from state bodies, official persons, businesses, institutions, organisations and citizens; he/she (they) can instruct to undertake examinations, studies and research.
(4) The persons or bodies summoned to participate in a session shall be determined by the President of the Constitutional Court and the rapporteur (rapporteurs).
(5) Three days prior to the convening of a session, unless other time-limits are provided for by the present Law, Members of the Constitutional Court, the parties and in case of need and by a decision of the President of the Constitutional Court the witnesses shall be forwarded an announcement of the convening of the session of the Constitutional Court, copies of the appeal and documents obtained during the preliminary review of the case.
(6) The announcement of the date and time of the session of the Constitutional Court shall be forwarded to the parties and witnesses by the staff of the Constitutional Court.
 
Article 37 The rights of a Member of the Constitutional Court
A Member of the Constitutional Court shall have the right:
1) to familiarise himself/herself with the materials that relate to the issues which either have been discussed or will be discussed at the session;
2) to ask questions and receive clarifications on the case under review during the session;
3) to express his/her opinion on questions relating to the order of proceedings;
4) to make recommendations and motions.
 
Article 38 The duties of a Member of the Constitutional Court
A Member of the Constitutional Court shall have the following duties:
1) to execute the instructions of the President of the Court for the preparation of a case under review;
2) to participate in the sessions and the vote of the Court;
3) to preserve the confidentiality of deliberations and votes undertaken during closed- door meetings;
4) to remain faithful to the Oath of the Member of the Constitutional Court.
 
Article 39 Parties to the trial
When issues specified in paragraphs 1 and 3-9 of Article 5 of the present Law are being resolved, the following can be parties in the Constitutional Court:
1) the state bodies and public officials who have the right to appeal to the Constitutional Court;
2) the state bodies and public officials who have adopted or promulgated the legal acts that are specified in point 1 of Article 5 of the present Law and are being contested in the Constitutional Court;
3) the state body the decisions of which are being contested in the Constitutional Court;
4) the President of the Republic, when the grounds for measures taken as provided for by paragraphs 13 and 14 of Article 55 of the Constitution are being examined;
5) the political party of which the suspension or termination of activities is being decided in the Constitutional Court;
6) a Member of the Constitutional Court in cases brought under review on the basis of paragraph 8 of Article 5 of the present Law.
 
Article 40 Naming of respondents
If the state organs and individuals specified in Article 25 of the present Law have not referred to the respondent or have named the wrong respondent in their appeal to the Constitutional Court, the latter shall name the respondent or the proper respondent in the case in its decision to admit the case.
 
Article 41 Representation before the Court
(1) Parties may appear before the Constitutional Court in person as well as through their representatives.
(2) The head of the body appealing to the Constitutional Court, the head of the body having adopted the act in question, or a deputy representing at least one-third of deputies may appear as a representative.
(3) Any party may be represented by its representatives before the Constitutional Court.
(4) A party before the Constitutional Court may have no more than three representatives.
 
Article 42 Rights of the parties
The parties may:
1) familiarise themselves with the materials attached to the case and make extracts thereof;
2) produce documents necessary for the review of the case;
3) present their own point of view on the case;
4) put questions to the other party, its representatives, experts and witnesses;
5) make motions or proposals.
 
Article 43 Duties of the parties
The parties must
1) attend the Constitutional Court session by the latter's invitation;
2) give statements and answer questions;
3) produce necessary documents, references or materials concerning the case by order of the Constitutional Court;
4) abide by the rules of the Constitutional Court set for the review of cases.
 
Article 44 The procedures of a session
(1) At a fixed time after having been assured of the validity of the session, the President shall declare the session to be valid and announce the case to be reviewed.
(2) The President shall verify the presence of the parties and witnesses and verify the authority of the representatives of the parties, then shall raise the question whether to begin the review of the case. If the Court considers it impossible to begin the review of the case, then a decision shall be made to postpone the review.
(3) The President shall explain to the parties their rights and duties.
(4) The review of a case at the Constitutional Court session shall start with the report of the rapporteur. The Members of the Constitutional Court may put questions to the rapporteur.
(5) Following the report, the Constitutional Court shall hear the opinion of the Members of the Court and the suggestions of the parties as to the order of proceedings for the review of the case and shall reach a decision on this matter. The order for the review of a case decided by the Constitutional Court may be subject to change. During the process of reviewing the case, proposals by Constitutional Court Members regarding the order of examining materials shall be considered immediately.
 
Article 45 Joinder of cases under review by the Constitutional Court
Each case before the Constitutional Court shall be reviewed at a separate session. Only cases referring to the same issue may be joined and considered at the same session by a decision of the Constitutional Court .
 
Article 46 Records of the Constitutional Court
(1) The record of the sessions of the Constitutional Court shall be kept by the secretariat of the Court.
(2) The record of the session shall be signed by the Presiding Member and the secretary making the record.
(3) The parties may look through the record of the session and introduce their remarks, which shall be attached to the record.
 
Article 47 Statements of the parties
(1) The President shall ask the parties to provide statements on the case under review and to present arguments in support of their point of view.
(2) The Constitutional Court shall hear the statements of the parties in full.
(3) After hearing the statements of the parties, the Members of the Constitutional Court, the opposing party as well as experts (by the permission of the Court) may put questions to the party presenting the statement.
(4) The parties shall have no right to use their presentations to make political statements.
 
Article 48 Experts' findings, rights and duties
(1) A person possessing special knowledge of the issues in the case under review and not having any interest in the outcome of the case may be summoned as an expert at the Constitutional Court session.
(2) The President of the Constitutional Court shall warn the expert that he/she may be subject to legal prosecution for presenting obviously falsified findings or for refusing to present a finding.
(3) The Constitutional Court shall decide the framework of problems on which the experts' findings are required.
(4) An expert may:
1) familiarise himself/herself with the case by the permission of the Constitutional Court;
2) put questions to the parties and witnesses with the permission of the Constitutional Court;
3) request additional materials.
(5) After having presented his/her conclusion, the expert must answer the questions of the Members of the Court and the parties.
(6) The written finding, bearing the signature of the expert, shall be submitted to the Constitutional Court.
 
Article 49 Statements of witnesses
(1) When necessary, the Constitutional Court shall summon to the session as witnesses and shall hear the statements of those individuals who may be aware of any circumstances which may shed light on the case under review.
(2) The witness shall be warned by the President of the Constitutional Court that the making of obviously false statements or refusal to provide statements are punishable by law.
(3) The witness must tell all the circumstances known to him/her; he/she must answer the questions of the Members of the Court and of the parties.
 
Article 50 Liability of experts and witnesses
The presentation of obviously false findings or obviously false statements or the refusal to provide findings or statements to the Constitutional Court shall be punishable by Law.
 
Article 51 Resumption of the case under review
(1) After the delivery of concluding statements by the parties, the Constitutional Court may decide to resume the review of the case, should it be considered necessary to examine further circumstances and evidence essential for the case.
(2) The parties shall have the right to make statements on the newly examined aspects of the case following the resumption of the review of the case.
(3) After the delivery of concluding statements by the parties, the President of the Court shall declare the case under review closed.
 
Article 52 Adoption of decisions or conclusions on the case
(1) The Constitutional Court shall adopt a decision or conclusion on the case at a closed session at which only Members of the Constitutional Court are present.
(2) A Member of the Constitutional Court may express his/her own point of view on the issues under discussion; he/she may state his/her position regarding the conclusion of the case.
(3) The number and duration of presentations at the session shall not be restricted.
(4) The results of the session shall be recorded by a Member of the Court on the President's instructions. The questions put to the vote and the results of the vote shall be registered for the record. The record shall be signed by the Members of the Constitutional Court who have participated in the session.
(5) The results of the voting shall not be published by name.
(6) The session shall continue until the Court adopts a decision or a conclusion.
 
Article 53 Dismissal of a case
The Constitutional Court shall dismiss a case if:
1) during the session grounds were discovered that could have caused the Court to reject the appeal under Article 53 of the present Law;
2) the act of which the constitutionality is being questioned has been abrogated or has been invalidated before the review of the case or during the process of review, and it has not been applied.
 
Article 54 Mandatory character of the orders of the Court
(1) When performing duties under Article 5 of the present Law, the fulfilling of the orders of the Court presented to State organs, legislative bodies, institutions, organisations and citizens shall be mandatory.
(2) The orders of the Constitutional Court shall be fulfilled within five days after their receipt, unless the Court has specified a different time-limit.
(3) During the review of the case, upon revealing instances of violation of law, the Constitutional Court shall inform the relevant state bodies and public officials of these violations.
(4) Refusing or avoiding implementation of the orders, failing to meet time-limits, not fulfilling the orders or fulfilling them inadequately shall be punishable by law.
 

Chapter 9 The characteristics of a case under review at the Constitutional Court

 
Article 55 Consideration of a case on the conformity with the Constitution of laws, resolutions of the National Assembly, decrees and orders signed by the President of the Republic, and government resolutions
(1) With regard to the issues specified in paragraph 1 of Article 100 of the Constitution, the following may appeal to the Court:
1) the President of the Republic;
2) at least one-third of the Members of the National Assembly;
(2) The Constitutional Court shall determine whether the acts or certain provisions thereof referred to in the appeal filed with the Constitutional Court are in conformity with the Constitution, on the basis of the following factors:
1) the form of the act;
2) the time at which the act was adopted, as well as whether it was signed, made public and implemented in compliance with established procedures;
3) the content of the act;
4) the necessity for the protection and free exercise of human rights and freedoms enshrined in the Constitution, the grounds for and limits of their permissible restriction,
5) the principle of the separation of powers as enshrined in the Constitution;
6) the permissible limits of powers of state bodies and public officials,
7) the necessity of ensuring the direct application of the Constitution.
 
Article 56 Consideration of cases of the conformity with the Constitution of obligations assumed under an international agreement
(1) Before the ratification of an international agreement by the National Assembly, the President of the Republic shall appeal to the Constitutional Court with the question concerning the conformity with the Constitution of obligations assumed within the agreement.
(2) The Constitutional Court may adopt one of the following decisions on the case:
1) recognise the obligations deriving from the international agreement as being in conformity with the Constitution;
2) recognise the obligations deriving from the international agreement as a whole or parts of the obligations as not being in conformity with the Constitution.
 
Article 57 Consideration of disputes relating to the results of referenda and the results of the election of the President and deputies.
(1) With regard to the issues specified in paragraph 3 of Article 100 of the Constitution, the following may appeal to the Constitutional Court:
1) the President of the Republic;
2) at least one third of the Members of the National Assembly;
3) candidates for the office of President of the Republic and for the National Assembly, on issues related to the results of elections.
(2) The state body, that has summarised the results of referenda or elections may act as a respondent.
(3) Factual circumstances relating to the case under review by the Constitutional Court may not be a subject for examination.
(4) On issues related to the results of referenda and of elections for the office of President of the Republic and for the National Assembly, appeals to the Constitutional Court may be made within seven days after the official announcement of the results.
 
Article 58 Consideration of issues on determining whether the obstacles for an effective campaigning for a Presidential candidate are insurmountable or have been removed
(1) With regard to issues specified in paragraph 4 of Article 100 of the Constitution, the following may appeal to the Constitutional Court:
1) the President of the Republic;
2) at least one third of the Members of the National Assembly.
(2) Appeals to the Constitutional Court requesting a determination that obstacles to the effective campaigning of a candidate for the office of President of the Republic are insurmountable can be made not later than ten days before the election of the President of the Republic.
(3) The Constitutional Court shall accept the appeal for a preliminary review, review the case and decide upon it within four days after receiving the appeal.
 
Article 59 Consideration of the issue of the existence of grounds for the removal of the President of the Republic from his position
(1) With regard to the issue specified in paragraph 5 of Article 100 of the Constitution, the National Assembly may appeal to the Constitutional Court in cases and in the manner laid down by paragraph 2 of Article 57 of the Constitution.
(2) While exercising this power, the Constitutional Court may
1) demand materials; criminal, civil, administrative case-files; verdicts, decisions, findings, certificates and other documents from the offices of the public prosecutor, from the judicial or investigative authorities;
2) summon and hear authorities and citizens whose statements may bear upon the decision of the case.
 
Article 60 Consideration of the question whether measures applied in compliance with paragraphs 13 and 14 of Article 55 of the Constitution have been well-founded
(1) With regard to issues specified in paragraph 6 of Article 100 of the Constitution, the following may appeal to the Constitutional Court:
1) the President of the Republic;
2) at least one third of the Members of the National Assembly.
(2) While acting within the authority of the Constitution, the Constitutional Court may:
1) summon and hear the President of the Republic, the President of the National Assembly, the Prime Minister, Members of the National Assembly, highest officers of the armed forces, other authorities and citizens;
2) receive from state organs and authorities any documents, including those which may contain state secrets.
(3) The Constitutional Court, in cases prescribed by paragraph 6 of Article 100 of the Constitution, shall accept an appeal for preliminary review, consider the case and issue its findings within twenty-four hours after the appeal has been received.
 
Article 61 Consideration of the issue of the incapacity of the President of the Republic to perform his duties and exercise his prerogatives
(1) With regard to the issue specified in point 7 of Article 100 of the Constitution, the Government may appeal to the Constitutional Court.
(2) While exercising this power, the Constitutional Court shall have the rights set out in Article 60 of the present Law.
 
Article 62 Consideration of the issue of the termination of the office of a Member of the Court, that of his/her arrest or of making him/her subject to administrative or criminal liability on the basis of a Court order
(1) With regard to the issue specified in paragraph 8 of Article 100 of the Constitution, the following can appeal to the Constitutional Court:
1) the President of the Republic;
2) at least one third of the Members of the National Assembly.
(2) While exercising this power, the Constitutional Court shall have the rights set out in Article 59 of the present Law.
(3) While exercising this power, the Member of the Court whose Membership is being discussed and whose arrest or administrative or criminal liability may be decided upon shall not cast a vote.
(4) The National Assembly shall reach the decision to terminate the Court Member's term of office by a majority vote of the total number of deputies.
 
Article 63 Consideration of the issue of suspending or prohibiting the activities of a political party
(1) With regard to the issues provided for by paragraph 9 of Article 100 of the Constitution, the Constitutional Court may be appealed to by
1) the President of the Republic;
2) at least one third of deputies.
(2) When exercising this power, the Constitutional Court shall exercise the rights set out in Articles 59 and 60 of the present Law.
(3) The Constitutional Court may decide to suspend or terminate the activities of a political party if violations of the Constitution or the requirements of the relevant law on the political parties have been detected in the activities of that party.
(4) When exercising this power, the Constitutional Court shall reach a decision by at least two-thirds of the total number of the Court's Members voting.
 

Chapter 10 The decisions of the Constitutional Court, requirements for a decision, and the order of adoption of a decision

 
Article 64 The decisions of the Constitutional Court
(1) The Constitutional Court shall adopt findings and conclusions.
(2) The findings of the Constitutional Court are final and they are not to be revised. They shall come into force from the time of their publication.
(3) The application of verdicts of the Constitutional Court shall be mandatory throughout the territory of the Republic.
 
Article 65 Types of decisions
(1) The Constitutional Court shall adopt findings on the issues raised in paragraphs 1-4 and 9 of Article 100 of the Constitution.
(2) The Constitutional Court shall adopt conclusions regarding issues raised in paragraphs 5-8 of the Article 100 of the Constitution.
(3) The Constitutional Court shall make findings about the issues connected with the preparation of cases for review, as well as with other problems connected with the organisation of its activities, which shall be done on the basis of the majority of the votes of the Members present at the session, with the exception of the cases provided for by the present Law.
 
Article 66 Adopting findings and conclusions
(1) The findings and conclusions of the Constitutional Court shall be adopted by an open vote, by a roll-call of the Members.
(2) The President shall cast his/her vote last.
(3) The Constitutional Court shall adopt findings on the basis of a majority of the votes of the total number of Members, with the exception of the case provided for by Article 63 of the present Law.
(4) The Constitutional Court shall adopt conclusions by a two-thirds majority vote at least of the total number of Members.
(5) A Member of the Constitutional Court shall not have the right to abstain during a vote or to refuse to vote.
(6) If the Constitutional Court does not adopt a decision or a conclusion on the matter being deliberated at a closed session, the appeal shall be deemed rejected.
 
Article 67 Requirements to be met by findings and conclusions
(1) With regard to issues specified in paragraphs 1 and 2 of Article 100 of the Constitution, a decision shall be adopted based both on the literal meaning of the Act and existing legal practice.
(2) The Constitutional Court shall adopt findings and conclusions only as to the issues raised in the appeal.
(3) While adopting findings and conclusions, the Constitutional Court shall not be restricted by the reasons and arguments raised in the appeal.
(4) The findings and conclusions of the Constitutional Court shall be made public during the session and shall be attached to the case file.
 
Article 68 The contents of the finding or conclusion
(1) Depending on the nature of the case, a finding or a conclusion by the Constitutional Court shall include the following information:
1) the title of the finding or the conclusion, the year, the date and the place of its adoption;
2) the necessary information about the parties;
3) the issue under review, including reasons and grounds;
4) the Article of the Constitution in accordance with which the Court is empowered to consider the case;
5) the essence of the appeal in brief;
6) documentary and other evidence which has been investigated by the Court;
7) those Articles of the Constitution and the present Law in accordance with which a finding or a conclusion has been passed by the Court;
8) arguments supporting the finding or the conclusion adopted by the Court, and if it is necessary also the arguments refuting the submissions of the parties;
9) a statement of the finding or conclusion;
10) a statement that the finding is final and it is not to be revised;
11) a statement that the finding shall take effect immediately after its publication.
(2) The finding or the conclusion regarding the case under review by the Court shall be signed by the President of the session.
 
Article 69 Communication and publication of the finding or the conclusion
(1) Within three days after their adoption, the findings and conclusions of the Constitutional Court shall be sent to:
1) the parties;
2) the President of the Republic, the National Assembly, the Court of Appeals (and until the establishment of that Court, to the Supreme Court) and the Public Prosecutor.
(2) The findings and conclusions of the Constitutional Court shall be published in the official press and bulletins.
 
Article 70 Consequences of not applying the decision
(1) Failure to apply the decision of the Constitutional Court or failure to obey it adequately as well as preventing its observance will expose offending persons to liability.
 

Chapter 11 Concluding Principles

 
Article 71  Location of the Constitutional Court
(1) Sessions of the Constitutional Court shall be held at its seat in Yerevan.
(2) The Constitutional Court may also arrange sessions at other locations in accordance with a decision adopted by at least a two-thirds vote of the total number of Members.
 
Article 72 Using State symbols at the Constitutional Court
(1) The State flag of the Republic of Armenia shall be raised at the seat of the Constitutional Court.
(2) The State coat of arms and the State flag of the Republic of Armenia shall be placed in the Session Hall of the Constitutional Court.
(3) The Members of the Constitutional Court shall wear special uniforms at the sessions, the style of which shall be determined by the Constitutional Court.
 
Article 73 The seal of the Constitutional Court
The Constitutional Court shall be a legal body; it shall have a seal with the Statecoat of arms of the Republic of Armenia on which appears the name of the Constitutional Court.
 
Article 74 The staff of the Constitutional Court
The activities of the Constitutional Court shall be conducted by its staff in accordance with its regulations.
 
Article 75 Entry into force of the present Law
(1) The present Law shall come into force from the time of its publication.
(2) The Constitutional Court shall accept appeals one month after the appointment of the first President of the Court.
(3) Within the time-limit specified in paragraph 2 above, the Constitutional Court may be appealed to on issues concerning the results of referenda no sooner than a month before and not later than two months after the appointment of the President of the Court.
For methodology see: Comparing Constitutions and International Constitutional Law.
© 1994 - 27.6.2020 / For corrections please contact A. Tschentscher.