F. Tokyan
Member of the Constitutional Court
of the Republic of Armenia

The Problems of Implementation of the Decisions of the Constitutional Court of the Republic of Armenia

According to Article 102 of the Constitution of the Republic of Armenia, the Constitutional Court adopts decisions and conclusions.

The decisions of the Constitutional Court have authoritative and regulatory nature. This act includes the answer to the inquires included in an application of an appellant. The state-authoritative nature of these acts is emphasized with the fact, that these acts are adopted on behalf of the Republic of Armenia.

The conclusions of the Constitutional Court have no authoritative nature. They are not adopted on behalf of the Republic.

It may concluded, that only the decisions of the Constitutional Court of the Republic of Armenia are normative-legal acts. They form a new, “precedent”, “judicial” law as an important source of the law of the Republic. Taking into account the fact, that the normative-legal acts, including the laws, recognized as unconstitutional by the Constitutional Court, are deprived of their legal force and cannot be applied on the whole territory of the Republic, it may be fixed, that the decisions of the Constitutional Court has “higher” legal force than the laws and other regulatory acts, and they operate on the same basis with the constitutional norms.

The problem, concerning the implementation of the decisions of the Constitutional Court of the RA, which have generally obligatory nature, are final and not subject to review, is one of the most serious problems. Particularly this concerns to the young independent states, who have adopted the course of establishment of democratic and rule of law state.

Article 70 of the Law on the Constitutional Court of the RA provides for, that non-implementation or improper implementation of the decisions of the Constitutional Court cause responsibility provided for by the legislation. Such provisions, mainly with declarative nature exist in legislation of other countries.

Generally it may be fixed, that there is no concrete effective mechanism for the implementation of the decisions of the Constitutional Court. There is no relevant law, which provides for concrete measures of responsibility of the subjects of law, which are guilty for non-implementation or improper implementation of the decisions of the Constitutional Court of the RA.

The difficulties connected with the implementation of the acts adopted by the bodies of constitutional justice are mainly explained with the following circumstances:

First: These acts have special nature. These acts by their consequences and mechanism of realization differ little from the other normative-legal acts. Therefore the insurance of their implementation also must be the same as in case of the norms of the law.

Second: To provide for special sanctions by the administrative, criminal or other legislation for non-implementation or improper implementation of the decisions of the Constitutional Court is considered to be not real, as the subjects, whom these acts are addressed have special status. Such subjects, as a rule, are the Head of a State, the Parliament, Government, the legal regime of operation of which, as well as the basis, order and conditions of their responsibility is specific. The main type of the responsibility for the responsibility of these subjects is the political responsibility. Therefore it is problematic the application against them the norms of norms of criminal, administrative, disciplinary responsibility.

Third: The science of constitutional law has not yet solved the issue of the nature of constitutional responsibility law and particularly the issue of constitutional responsibility of the highest state bodies for non-implementation and improper implementation of the decisions of the Constitutional Court.

The problem of the implementation of the decisions of the Constitutional Court cannot be solved only by the legal measures. This problem will continue to exist, until the constitutional legality affirms in the society and the state, the separation of powers and supremacy of law are respected.