Representatives of the executive and legislative bodies have been talking about the need to make constitutional changes for a long time. On 5 November, the Ministry of Justice organized discussions on Constitutional reforms.

Iravaban.net has launched a series of interviews, with the objective to present the observations and opinions of experts in the field on the need for constitutional reform.

We talked on the topic with Gevorg Manukyan, Gevorg Manukyan, President of the Armenian Constitutional Right-Protective Center NGO.

– The Ministry of Justice announced the initiation of the constitutional reform. To what extent its need is justified for it now?

– Our Constitution is not subject to change. We need a new, proper, normal Constitution. There are more patches on this current Constitution than the original text. The issue is the content, it is necessary to put it aside and elaborate a new Constitution.

– What factors should be taken into account before the adoption of the new Constitution and what should be the process of implementation of constitutional reforms?

– There are different mechanisms known in the world, there are different experiments. A constitutional commission is created, groups of scientists or the current National Assembly can initiate this (God forbid this National Assembly does this, a spoilage will be created). It is more expedient to announce the election of the Constituent Assembly on a competitive basis. It is possible in one year, but after 2 years an almost ideal document can be submitted, which can become an example for other countries. The current Constitution is a dead document. Only the provisions, which help the people in power at this moment, work.

– RA Prime Minister Nikol Pashinyan once mentioned that during the crisis that arose in 2020, the parliamentary system of government showed its non-viability. Is there a need to change the way the country is governed? 

– The form of government is not essential. The state may have a monarchical form of government, but it may be democratic, or it may have a parliamentary form of government and be dictatorial. The form of government does not matter at all.

– The Professional Committee on Constitutional Reforms (the activity of the Committee was suspended due to 2020 Karabakh war), on 22 August 2020, adopted the draft concept of decentralization of Constitutional Control and unification of the highest courts, in particular the establishment of the Supreme Court. To what extent is the decentralization of Constitutional control and the creation of the Supreme Court justified?

– There are many bodies in Armenia that are just “appendix”, for example, regional administrations. The ministries must be greatly reduced. The number of governors, bureaucrats, and police cannot be so large for a country with a population that is equal to a middle European city or a district of Moscow.

– Experts in the field of anti-corruption argue that providing constitutional status and guarantees of independence to anti-corruption bodies, such as the Commission for the Prevention of Corruption and the Anti-Corruption Committee, will increase the independence and efficiency of these institutions. What is your opinion on this issue?

– The Institute of Human Rights Defender is a good example as an independent structure. I think the appointing body should not have the right to dismiss; it is the best guarantee to be an independent body, a structure.

It should be reminded that the Minister of Justice had said, “We propose to form a Commission on Constitutional Reforms, which will include representatives of 3 parliamentary forces, 3 extra-parliamentary forces, 3 non-governmental organizations and a number of state structures: Minister of Justice, Representative of the Republic of Armenia in the European Court of Human Rights, Chairman of the Standing Committee on State and Legal Affairs, representative of the Supreme Judicial Council, Human Rights Defender. The Board will select 5 scientific experts – neutral, non-political orientated lawyers, who will carry out the most important professional work – the development of the concept, and further the draft of the Constitutional reforms.”