a) Armenia / b) Constitutional Court / c)  / d) 22-11-1996 / e) RCC 26 / f) Decision on a dispute concerning the results of the election of the President of the Republic of Armenia of 22.09.1996 / g) Tegekagir (Official Gazette) / h) CODICES (English, French).


Keywords of the Systematic Thesaurus:


Constitutional Justice - Constitutional jurisdiction.

Constitutional Justice - Jurisdiction - Types of litigation - Electoral disputes - Presidential elections.

Constitutional Justice - Jurisdiction - The subject of review - Administrative acts.


Institutions - Head of State - Appointment.


Fundamental Rights - Civil and political rights - Electoral rights.




Under [ENG-ARM-A-100] Article 100.3 of the Constitution and Articles 9, 10, 11, 13, 18, 21 and 30 of the law on the presidential elections of the Republic of Armenia, the Constitutional Court lacks jurisdiction to examine concrete evidence of infringements relating to the presidential elections at the stage of preparation, organisation or returns. The Constitutional Court nevertheless examined the presidential election results and, while it took the counting errors into consideration, found that they did not affect the final outcome of the elections.




The referral to the Constitutional Court was made by two opposition candidates in the presidential election seeking annulment of the decision by the Central Electoral Commission declaring the President of the Republic elected on the presidential election results which it had published.


The Constitution provides that the Constitutional Court «shall rule on disputes concerning referenda and the results of presidential and parliamentary elections» ([ENG-ARM-A-100] Article 100.3 of the Constitution).


The law on presidential elections requires the higher electoral commissions to review and invalidate any improper decision or act by a subordinate electoral commission. Such improper decisions or acts may also be appealed, either before the higher electoral commission or before the courts. Decisions of the Central Electoral Commission - apart from those relating to the outcome of the election - may be challenged before the Supreme Court; however, no appeal was made to these authorities.


The Constitutional Court found that the Central Electoral Commission had acted in accordance with the legislative provisions and that the results issued by the Commission tallied with the figures of the regional and local commissions; it therefore dismissed the application and upheld the election of the President of the Republic.




Armenian, Russian, English (translation by the Court)