Representatives of the opposition minority in Armenia’s parliament defended on Monday the legitimacy of the Constitutional Court challenged by its newest judge and Prime Minister Nikol Pashinian’s My Step alliance.
Immediately after being elected by the parliament and sworn late last month, the judge, Vahe Grigorian, claimed that only he and another judge of the 9-member court, Arman Dilanian, can make valid decisions.
Grigorian said that under constitutional amendments which took effect last year the Constitutional Court now consists of “judges,” rather than “members,” as was the case until April 2018. He said that the seven other members of the court therefore cannot be considered “judges.”
Grigorian, whose appointment was strongly backed by My Step, elaborated on his claims in a lengthy letter to Armenia’s government, parliament and top judicial officials publicized on Friday. He urged them to help resolve the “crisis.”
The eight other members of the Constitutional Courts, including Dilanian, dismissed the claims in a joint statement, saying that they “cannot have any legal consequences.” They made clear that they will continue to meet and make decisions on constitutional matters.
Senior lawmakers from the two opposition parties represented in the parliament also disagreed with Grigorian.
“One Constitutional Court judge believes that a particular legal norm must be interpreted in a different way, while the others believe it’s a wrong interpretation,” said Taron Simonian of the Bright Armenia Party (LHK). “I don’t agree with that judge’s interpretation but think that it has a right to exist. Let it be just an interpretation.”
Simonian also stressed that the parliament could only make a political statement on the issue which would have no legally binding “consequences.” “Only the Constitutional Court’s interpretation of a constitutional norm can generate legal consequences,” he said.
Gevorg Petrosian, a senior member of the Prosperous Armenia Party (BHK), argued that an article of the amended constitution makes it clear that the court members appointed before 2018 can serve as judges until they turn 65.
“I insist that there is no crisis,” said Petrosian. “Right from the beginning Vahe Grigorian demonstrated that he is a person guided by personal ambitions and cannot imagine his life without that post [of Constitutional Court chairman.] Or maybe there are people who need to urgently install Vahe Grigorian in that position.”
Other, more radical critics of the Armenian government claim that it is keen to illegally seize control of the Constitutional Court and gain absolute power in the county. My Step representatives deny this.