On April 13, President Serzh Sargsyan, appointed the Speaker of the National Assembly Hovik Abrahamyan to the post of the Prime Minister of the RA.
Pursuant to Article 67 of the Constitution of the Republic of Armenia, “The powers of a Deputy shall terminate upon the expiration of the term of office of the National Assembly, dissolution of the National Assembly, violation of the provisions stipulated in Part 1 of Article 65 of the Constitution, loss of citizenship, absence from more than half of floor voting in the course of a single session, prison sentence, legal incapacity and resignation from office.
A Deputy’s term of office shall be terminated in the manner prescribed by the Rules of Procedure of the National Assembly.”
As it is obvious, the Constitution clearly provides the grounds for termination of the powers of the deputy, and the Law of the Republic of Armenia on Rules of Procedure of the National Assembly – the Procedure for the Resignation of the Deputy.
It is noteworthy that on 19 March, 2012 the National Assembly amended the Law on Rules of Procedure of the National Assembly, and provided that the grounds for termination of the powers of the deputy has been appointed (elected) to an office in a state or local self-government body or a commercial organization․
In our opinion, the fact of appointment itself is not a ground for termination of the powers of deputy, but merely violation of Article 65 of the Constitution: Hovik Abrahamyan’s authorities of the deputy should have been terminated prior to his appointment to the post of the Prime minister, and through his resignation, which was not performed.
Pursuant to Article 13 of the Law on Rules of Procedure of the National Assembly, “1. The Deputy submits his/her written letter of resignation in person to the Chairperson of the National Assembly, who makes it public at the upcoming sitting of the National Assembly.”
2. If within a period of 15 days after his/her resignation has been made public, by a written request the Deputy:
a) withdraws his/her written request of resignation, then the Chairperson of the National Assembly notifies the National Assembly thereon at the next sitting;
b) does not withdraw his/her written request of resignation, a protocol is drawn up on termination of his/her powers, which the Chairperson of the National Assembly signs and sends to the Central Electoral Commission within five days.”
In this case it turns out that the RA Law on Amendment and Supplements to the Law of the Republic of Armenia on Rules of Procedure of the National Assembly adopted on 19 March 2012 provided a new ground for termination of the deputy’s authorities, which is not foreseen in the Constitution of the Republic of Armenia. Whereas the RA Law on Legal Acts provides, “the Constitution of the Republic of Armenia has supreme legal effect, and its norms have direct effect. Laws must comply with the Constitution. Other legal acts must comply with the Constitution and laws.”
