On 24 August, “Promoting Direct Democracy for Strengthening Human Rights in Armenia” project, in cooperation with the Armenian Lawyers’ Association NGO, organized and held the oral round of the Republican Conference the “RA National Strategy for the Protection of Human Rights: Prospects and Challenges”. The written round of the conference was held before the oral round.

We present to your attention the report of Nare Smbatyan, who was awarded the second price in the competition. In her report she referred to the judges’ pension as a social guarantee.

The current legal problem in the domestic legal system 

According to the RA Constitutional Court decision SDO-1463 of 18-06-2019, the legal regulations on the appointment of a judge to a pension in the “RA Law on the Service of the Provision of the Officials and Social Guarantee” were declared unconstitutional, and from October 30, 2019 have been declared invalid and all judges who will end their term of office after the expiration of the term will face legal uncertainty, which will “suspend” the right to receive an actual pension until the law is amended.

Thus, the RA Constitutional Court set October 30, 2019 as the deadline for repealing the provisions recognized as unconstitutional by the above-mentioned decision of 18-06-2019, allowing the National Assembly to comply the legal regulations of the “RA Law on the Service of the Provision of the Officials and Social Guarantee” the requirements of the decision.

However, the decision of the Constitutional Court of the Republic of Armenia regarding the requirements of the decision of the Republic of Armenia on compliance with the legal regulations of the “RA Law on the Service of the Provision of the Officials and Social Guarantee” has not been implemented.

The complete report in Armenian language is available here.