2008

December 12, 2008

Scientific-practical Conference in Moscow and official visit to the Constitutional Court of the Russian Federation

On December 12, 2008 in the Kremlin's Great hall the scientific-practical Conference was organized by the President of the Russian Federation D. Medvedev; the Conference was dedicated to the adoption of the 15th anniversary of the RF Constitution. Four main reports were foreseen during the first part of the Conference.
The President of the Russian Federation D. Medvedev touched upon the historical role of the RF Constitution adopted in 1993 and the problems, which should be resolved at the present stage of the country's legal development.
The report of the President of the RF Constitutional Court V. Zorkin was on the peculiarities of the constitutional developments and the problems arisen in the sphere of constitutional justice. The President of the Constitutional Court of Germany Hans-Jurgen Papier also touched upon the above-mentioned issues.
The President of the International Organisation ''Conference of the Constitutional Control Organs of the Countries of Young Democracy''', the President of the Constitutional Court of Republic of Armenia G. Harutyunyan made the presentation devoted to the peculiarities and basic tendencies of the constitutional culture development of the Russian Federation (see below the full version of the report in Russian).
In the second part of the Conference the reports of different scientists (app. 10) were foreseen too.
The official visit of the President of the Constitutional Court of RA to the RF Constitutional Court was continued on December 13-15. The meetings with the President Mr. V. Zorkin, as well as with the whole staff of the Constitutional Court of the Russian Federation were organized during that visit. Several issues on the further development of mutual relations, preparatory work for organizing the First World Conference on Constitutional Justice, as well as other activities foreseen for 2009 within the framework of the International Organisation ''Conference of the Constitutional Control Organs of the Countries of Young Democracy'' have been discussed.
Within the framework of the official visit the President of the RA Constitutional Court met with the professorial staff of the Law Department of the State University of Saint-Petersburg and made a report on Main problems and international tendencies of the constitutional justice development in the new millennium, as well as answered to the different questions of participants of the meeting.
The official visit of the Delegation of the Constitutional Court of the Russian Federation is planned for 2009.

The report of the President of the RA Constitutional Court G. Harutyunyan made during scientific-practical Conference, which was dedicated to 15th anniversary of the RF Constitution. (Moscow, 12 December 2008, in Russian).

Photos 1 | 2 | 3

December 5, 2008

German experience

The number of seminars of the RA Constitutional Court was finished by the closing third one, which since September of this year has been organized in co-operation with the Program Consultation for strengthening the legal system in Armenia (GTZ). Two-day seminars on The principle of ex officio examination in the Constitutional Court proceedings were chaired by the President of the RA Constitutional Court G. Harutyunyan.
The keynoter was the former judge of the Federal Constitutional Court of the Federal Republic of Germany Doctor Hans-Joachim Jentsch.
GTZ lawyer G. Muradyan, President of the RA Constitutional Court G. Harutyunyan, Hans-Joachim Jentsch made greeting speeches.
Hans-Joachim Jentsch presented the essence and intention of the principle of ex officio examination and its limitations. He spoke of the disposition principle, applications filing and argumentation obligation, as well as clarified obtaining of evidences, the issue on separation of power between Constitutional Court and specialized courts, scope of review, the supremacy of the Constitutional Court decisions in the experience of German Federal Constitutional Court. The keynoter brought several examples on application of ex officio examination principle in constitutional procedure of their country.
On the second day of the seminar there were questions and discussions and it was a perfect opportunity to learn the experience of German Federal Constitutional Court, to compare their practice with our knowledge, experience and to come into particular conclusions.
The President of the RA Constitutional Court G. Harutyunyan expressed his gratitude to the keynoter, organizers, emphasised the importance and productivity of the seminar and expressed his pleasure for giving such opportunity for that kind of discussions. We had the chance, - he said, - to examine the whole experience of the German Federal Constitutional Court, to discover many nuances important for the constitutional justice. The German experience will give us an opportunity to make subsequent steps for development of constitutional justice system in our country.

Photos 1 | 2 | 3

November 20, 2008

On November 20 in the Constitutional Court of the RA more than fifty students from different universities had a meeting with the President of  the RA Constitutional Court G. Harutyunyan and Extraordinary and Plenipotentiary Ambassador of the Republic of Poland in Armenia Tomasz Knothe.
The students were interested in the European current tendencies of constitutional developments, as well as in the European integration processes. During the two-hour meeting all the questions, the students were interested in, have been totally covered.

Photos 1 | 2 | 3

On November 20 the President of the RA Constitutional Court G. Harutyunyan received the Judges of the European Court of Human Rights Alvina Gyulumyan (Armenia) and Jan Sikuta (Slovakia).

Photo 1

November 6-7, 2008

The Second Conference

It's become a tradition to organize joint activities in cooperation with the Institute of Foreign Public and International law after Max Planck (Germany) and Program Consultation for strengthening the legal system in Armenia (GTZ) and the RA Constitutional Court.
On September of this year the First Seminar on Protection of human rights as a directly applicable right in the practice of constitutional justice was organised by the above-mentioned organisations for the members and staff of the Constitutional Court of the Republic of Armenia. And here is the Second Conference on Interpretation of the Constitution. Doctor Mathias Hartwig, scientific worker at the Institute of Foreign Public and International law after Max Planck (Germany) was invited to the conference as an expert.
President of the RA Constitutional Court, Professor G. Harutyunyan while welcoming the participants of the second Conference, gave importance to the necessity to discuss the issue on Interpretation of the Constitution, emphasizing that it is the most complicated problem in the practice of constitutional justice. In practice, it is impossible to implement constitutional justice without the interpretation institution. 42 constitutional courts in the world are empowered for official abstract interpretation of the Constitution, as well as laws and normative acts of their countries. The interpretations refer to both the legal content of the constitutional norm, and the discovery of the constitutional and legal content of the provision of the law. Only in comparison of these two issues, it will be possible to make certain conclusions.
Doctor Mathias Hartwig made report on Interpretation of the Constitution and the state practice.
During two-day conference through the comments, questions and answers and dialogues the issues on Classical Methods of Interpretation, Interpretation of Constitution and the Legal Comparative Analysis were discussed.
It was given an opportunity to touch upon all aspects of actual issues on theoretical and practical levels, certainly, taking into account the experience of the colleagues from Germany. The Conference served its essential, practical purpose to draw attention of the members and the staff of the RA Constitutional Court to many important issues, that is: while preparing any norm to examination the position of the Constitutional Court should be formed in consequence of discovery of the constitutional and legal content of the provision of a law and complex analysis and interpretation of constitutional norms.

Photos 1 | 2

October 28, 2008

The working visit of the President of the RA Constitutional Court to Algeria

The Preparatory meeting of representatives of the regional and/or linguistic groups for the First World Conference on Constitutional Justice was held on October 29-31, 2008 in Algeria. Delegations from 125 countries will participate in the First World Conference, which will be held on January 23-24, 2009 in Cape Town. Participants of the Preparatory meeting will discuss the programme of the Conference, draft declaration, the preparatory works process for regional and/or linguistic groups.
On the same days, the Venice Commission of the Council of Europe and the Constitutional Council of Algeria organized an International Colloquy on Constitutional Interpretation to discuss worldwide modern approaches on interpretation of constitutional provisions. The President of the RA Constitutional Court made a report on The conceptual approaches of interpretation of constitutional provisions in the practice of the Constitutional Justice of the RA.

The conceptual approaches of interpretation of constitutional provisions in the practice of the Constitutional Justice of the Republic of Armenia.
G. Harutyunyan's Report at the International Colloquium dedicated to the issues of Constitutional Justice, Algeria, October 30, 2008 (in Armenian and English)

Photos 1 | 2 | 3

October 8, 2008

The President of the RA Constitutional Court Mr. G. Harutyunyan received the delegation of the Constitutional and Legal Issues Commission of the Chamber of the Czech Republic Parliament headed by Deputy Chairman of the Chamber Mr. Jan Kasal. The delegation was consisted of Marek Benda, Stanislav Krecek, Hana Sediva, Robbin Bohnish, Dana Pokorna.
At guests request, Mr. Harutyunyan briefly presented the foundation history and activities of the Constitutional Court of the Republic of Armenia and spoke of relationship between Czech and Armenian Constitutional Courts.
In reply to the question of the delegation concerning the right of the RA citizens to apply to the Constitutional Court the detailed information on the possibilities of the RA citizens to apply to the Court, as well as on the considered cases and Constitutional amendments was presented. The President of the RA Constitutional Court Mr. G. Harutyunyan, who is well-informed on the activities of the Constitutional Court of the Czech Republic, brought certain similarities and differences of the functions of these two Constitutional Courts, particularly, that the citizens of the Czech Republic may apply to the Constitutional Court with a concrete case, appealing any normative act, meanwhile the Constitutional Court of the Republic of Armenia may consider only the issue on the constitutionality of law. In the Czech Republic no deadline is envisaged for the consideration of the case, but in the Constitutional Court of the Republic of Armenia six months are determined for the each case.
They both passed a remark, that, in essence, some amendments should be made, as the citizens could solve their problems within the country and not have to apply to the European Court, especially, where at this moment more than 150 000 cases are accumulated.
They also mentioned that the exchange of experience and return visits will mostly enhance the relations between the countries.

Photo 1

October 3-5, 2008

XIII Yerevan International Conference

From 3rd of October to 5th of October the XIII Yerevan International Conference was taken place. It was organized by the Constitutional Court of the Republic of Armenia, the European Commission For Democracy through Law of the Council of Europe, the Conference of the organs of Constitutional control of the countries of young democracy and with participation of International Association of Constitutional Law.
The topic was: Fundamental constitutional values and public practice.
The conference was opened by G. Harutyunyan. He welcomed the guests, stressed the importance of the special interest to this Conference, expressed by a number of international institutions and constitutional courts from about thirty countries, as well as by the authorities of the Republic of Armenia; the evidence of this interest is the participation of President of the Republic of Armenia Mr. Serge Sargsyan, of a number of specialists from the sphere of law, ministers, MPs, officials from Procurators Office, scientists, professors and political figures.
G. Harutyunyan in his greeting speech particularly mentioned the following:
For the 21 century the constitutionalisation of public relations and establishment of constitutional democracy have become the only civilised reference points to guarantee the development of the stable and dynamic public life.
President of the Republic of Armenia Serge Sargsyan, General Secretary of the Venice Commission of the Council of Europe Gianni Buquicchio and Head of the OSCE office in Yerevan Sergey Kapinos made greeting speeches.
The President of the Republic of Armenia Serge Sargsyan in his greeting speech mainly mentioned:
It is our purpose to establish legal democracy, bring to life the constitutional principles of establishing the rule of law and social state, to ensure human rights and fundamental freedoms as a highest value, as an directly acting right. We will have more success, if we extend our cooperation with the European institutions in this sphere and if everyone and each official deeply understands that becoming a rule of law and democratic state is a vital necessity, with no alternative, for Armenia.
In the first session of the Conference the following reporters made reports on Fundamental constitutional values and guarantees of realization:
President of the Republic of Armenia Serge Sargsyan, President of the Constitutional Court, Member of the Venice Commission of the Council of Europe Gagik Harutyunyan -Guarantees of the realization of the fundamental constitutional values in the state policy level and public practice, Judge of the Constitutional Court of Bulgaria, Representative of the Venice Commission of the Council of Europe Evgueni Tanchev -Rule of law and state governed by Law, Judge of the Constitutional Court of Albania Sokol Berberi - Civil society and protection of constitutional values, Member of the Constitutional Court of the Russian Federation Nikolay Bondar - Constitutional values as a judicial and legal factor of solution of the social contradictions and conflicts, President of the Constitutional Tribunal of Poland Bohdan Zdziennicki - Protection of constitutional values and freedoms in the case of changes in the legal order, Member of the European Court of Human Rights Alvina Gyulumyan -Constitutional values and practice of the European Court of Human Rights, Professor of the Department of Economic Law of the University of Sienna, Representative of the Venice Commission Tania Groppi -Role of the constitutional court in the development of democracy in Italy.
The first session was concluded with questions and discussions.
In the second session of the Conference the following reporters made reports on
Fundamental constitutional values in the practice of the constitutional jurisdiction:
Member of the Scientific-consultative Council of the Constitutional Court of Moldova Vladimir Mokryak - Fundamental constitutional values as a factor of stability of constitutional order, Judge of the Constitutional Court of Latvia Victors Skudra - Role of the Constitutional Court of the Republic of Latvia in the protection of constitutional values, Director of Public Prosecutions (Ireland) James Hamilton - Fundamental values contained in the Constitution of Ireland and their application, Judge of the Constitutional Court of Hungary Barnabas Lenkovics - Property, freedom, security, President of the Constitutional Court of Kazakhstan Igor Rogov Fundamental constitutional values as a basis of the statehood of sovereign Kazakhstan, Yuri Baulin, Member of the Constitutional Court of Ukraine Normative expression of constitutional values and their significance in the activity of the Constitutional Court of Ukraine, Legal Secretary of Constitutional Court of the Kingdom of Belgium Willem Verrijdt - Re-enacting an annulled law. The Belgian Constitutional Court faced with the legislators recidivism.
The second session of the first day of the Conference was concluded with questions and discussions.
On October 4 the Conference was continued. The subject of the day was Legal provisions of the constitutional courts and public practice and following reporters made reports on the given subject:
Justice of the Constitutional Court of Lithuania Algirdas Taminskas - Immunity of property in the conception of the Constitutional Court of the Republic of Lithuania, Judge of the Constitutional Court of Serbia Predrag Cetkovic Fundamental constitutional values in practice of the Constitutional Court of the Republic of Serbia, Member of the Constitutional Court of Belarus Leonid Ryabtsev - Constitutional right of judicial defense of the citizens of the Repblic of Belarus, President of District Court of Nicosia, Cyprus Michalis Christodoulou - The independency of the Judiciary in Cyprus, Judge of the Constitutional Court of Kyrgyz Republic Chynara Mousabekova - Constitution of Kirgizia and human rights: new ordeals, Justice, Constitutional Court of the Czech Republic Stanislav Balik The role of the Constitutional Court and the role of the Supreme Administrative Court in the course of protection of federal rights of parties to administrative adjudication in the Czech Republic, Member of the Constitutional Court of Armenia Valeri Poghossyan - Judicial power and society, President of Tribunal of Haarlem (Netherlands) Herman Van Der Meer The position of the constitution in the Dutch judiciary, Judge, Constitutional Court of the Republic of Croatia Mario Jelusic -Experiences in Constitutional Adjudication in the Republic of Croatia, Head of the Analytic and Information Department Arne Mavcic - Constitutional values in practice with a special reference to the Slovenian system outline, Professor of Hamburg University Otto Luchterhandt Fundamental values of human dignity and its significance in the Constitution of Germany.
Sessions of the second day were concluded with questions and discussions.
During the Conference effective discussions were taken place, new topics and new issues were suggested and the participants gave importance to holding of such Forums.
General Secretary of the Venice Commission of the Council of Europe Gianni Buquicchio, President of the Constitutional Court of Latvia Gunars Kutris, President of the Constitutional Court of Moldova Dimitru Pulbere, President of the Constitutional Council of Kazakhstan Igor Rogov made closing speeches.
The President of the Constitutional Court G. Harutyunyan summarized the results of the Conference, expressing his gratitude to the participants for their participation and inviting to the next XIV Yerevan International Conference.
Each participant of the Conference will soon receive the International Almanac (2008) Constitutional justice in the new millennium published in four languages, where reports, discussed issues and topics suggested during the Conference will be included.
The staff of the Constitutional Court of the Republic of Armenia, within the framework of the XIII Yerevan International Conference, realized a number of cultural programs: visit to Tsitsernakaberd, Matenadaran, Goshavank, Garni, Geghard and other sightseeing of Armenia.
Two participants of the Conference were awarded with Golden Medal of the Constitutional Court of the Republic of Armenia: Gianni Buquicchio for Substantial contribution to the sphere of constitutional justice and to a close cooperation between the European Commission For Democracy through Law and the Constitutional Court of the Republic of Armenia and Amanzhol Nurmagambetov (Member of the Constitutional Council of Kyrgyz Republic, member of the Editorial Council of International Bulletin Constitutional justice) for active assistance to publication of the Bulletin Constitutional Justice of the International Organization Conference of the organs of constitutional control of the countries of young democracy.
The official languages of the Conference were: Armenian, English, French and Russian.

Photos 1 | 2 | 3 | 4 | 5 | 6

October 2, 2008

On October 2, in the evening a reception-meeting was organized in Ani Plaza hotel. The Constitutional Court of the Republic of Armenia traditionally organizes such reception-meeting for introduction of the participants to each other. This year reception-meeting concurred with the celebration of the 10th anniversary of International Bulletin Constitutional Justice (in Russian).
President of the Constitutional Court of the Republic of Armenia G. Harutyunyan welcomed the guests and briefly presented motives given rise to the creation, the role and significance of the Bulletin.

Guests from Latvia
October 1, 2008

The delegation, headed by President of the Constitutional Court of Latvia Gunars Kutris, by the invitation of the Constitutional Court of the Republic of Armenia, paid an official visit to the Republic of Armenia.
President of the Constitutional Court of the RA G. Harutyunyan received the delegation. As the Latvian colleagues had already participated to the last year Yerevan International Conference, there was no need to present them the information on establishment and activities of the Constitutional Court of the Republic of Armenia. They discussed the news, particularly the cases having great resonance, as well as the work done in the field of the constitutional justice in these two countries during the past year.
Afterwards, the guests met with the staff of the Constitutional Court of the RA in the hall after Shahamir and Hakob Shahamiryan. G. Harutyunyan briefly presented practical relations, exchange of experience as in past, as well as in upcoming meetings, exchange of information and mainly on strengthening the cooperation between these two courts. Latvian colleagues presented their Collection of the decisions of the Constitutional Court of Latvia as a gift to the members of the Constitutional Court of the RA.
The guests also visited the Yerevan State University, met with the members of scientific council and magistracies of the Law faculty. Afterwards they visited the museum after Parajanov.

October 2, 2008

The President of the Republic of Armenia Serge Sargsyan received the delegation of Latvian Constitutional Court accompanied by G. Harutyunyan. The President of the Republic of Armenia touched upon Armenian-Latvian relationship, gave importance to the close cooperation between these two constitutional courts, and appreciated such communications that brought to life new ideas and initiatives.
The delegation also visited the scientific-research Institute of old manuscripts after Mesrop Mashtots and the Memorial to the victims of Armenian Genocide.
The delegation jointed the delegates from different countries of the world participating to the XIII Yerevan International Conference.

Photos 1 | 2 | 3

September 23-24, 2008

The delegation, headed by the Hans-Jurgen Papier, President of the Federal Constitutional Court of Germany, by the invitation of the Constitutional Court of the Republic of Armenia, paid an official visit to the Republic of Armenia.
The delegation met with the staff and the members of the Constitutional Court of the RA. President of the Constitutional Court of the Republic of Armenia G. Harutyunyan welcomed the guests and mainly mentioned that these two constitutional courts cooperated with each other for a long time, more effectively during last years, and this week was declared as a German week.
We are well acquainted with the Federal Law on the Constitutional Court and the Constitution of the Federal Republic of Germany, - said Mr. G. Harutyunyan, - and today we have a good opportunity to really communicate with the people, who are called to protect the Constitution and exercise constitutional justice in their country. The attention of many countries is directed to Germany, as the German Constitutional Court, which is established in 1951 and has more than fifty years history, has a classic system, a completed and an effective one, finding solutions which are of great interest for young democracies. Such meetings are very important for us, for clarification of our approaches and for using the German leading experience.
G. Harutyunyan also mentioned that among 110 Constitutional Courts of the world, the German Constitutional Court is one of the rarest courts which implemented a very important principle, that is - in Germany each act of constitutional institute is an object of constitutional control. It means that in Germany there is no institute, the constitutionality of legal act of which will not be possible to appeal, including the courts. This is a very important circumstance for nowadays legal globalization: Germans solve their internal issues inside of their country.
They also discussed the issues on solutions of disputes on constitutional powers. Mr. Papier introduced the particulars on practical implementation of Point 1, Article 93 of the Constitution of Germany that referred to the interpretation of the Constitution. It is a very important power, which, for the first time, was determined in the Basic Law of Germany.
During the meeting they basically spoke of individual complaints and Mr. Papier informed that the individual complaints form the greater part of discussed cases - almost 6000 complaints per a year (they are mainly against court decisions). Mr. Papier was awarded by Golden Medal of the Constitutional Court of the Republic of Armenia for contribution to the sphere of constitutional justice and successful cooperation between two constitutional courts. Mr. Harutyunyan mentioned that such meetings will not only promote a more effective use of our legislative possibilities, but also to point out the logics of their further development.
Mr. Papier, in his turn, made the Collection of the principal adopted decisions of the Constitutional Court and newly published Informational Brochure on the Constitutional Court of the Federal Republic of Germany as a present to the Constitutional Court of the Republic of Armenia.
On September 23, the President of the Republic of Armenia Serge Sargsyan received the delegation headed by Mr. Hans-Jurgen Papier, the President of the Constitutional Court of the Federal Republic of Germany and accompanied by G. Harutyunyan.
The President of the Republic of Armenia touched upon the Armenian-German interrelations, stresses the importance of a close cooperation between these two constitutional courts.
This very day, the Prime-Minister of the Republic of Armenia Mr. Tigran Sargsyan received the delegation of the Constitutional Court of the Federal Republic of Germany. In the evening in honour of the guests an official reception was organised by the President G. Harutyunyan. This evening the German delegation, the members of the Constitutional Court and many officials of the Republic of Armenia also celebrated 10th anniversary of International Bulletin Constitutional justice published in Russian.
On September 24, the delegation of the Constitutional Court of the Federal Republic of Germany accompanied by G. Harutyunyan visited the Mother See of Holy Echmiadzin. Last day, the delegation visited Matenadaran (the scientific-research Institute of old manuscripts), Garni and Geghard. Participation to the spiritual concert in Geghard was a good surprise for the delegation.
During the whole official visit the delegation of the Constitutional Court of the Federal Republic of Germany was accompanied by Andrea Wiktorin, Extraordinary and Plenipotentiary Ambassador of the Federal Republic of Germany in Armenia.

Photos 1 | 2 | 3 | 4 | 5 | 6

September 18-19, 2008

Enlarged international relations

By the initiative of the Institute of Foreign Public and International law (Germany) after Maks-Plank and Program Consultation for strengthening the legal system in Armenia (GTZ), a Seminar on Protection of human rights as a directly applicable right in the practice of constitutional justice was organised for the members and staff of the Constitutional Court of the Republic of Armenia and was took place on September 18-19, in Yerevan. Institute of Foreign Public and International law was presented by Professor Jochen Frovein, the former Vice-President of the European Commission on Human Rights. Grigor Mouradyan, Lawyer of the Program (GTZ) introduced the German guests to the participants of the Seminar, as well as presented the program and the purposes of holding the given Seminar. The sessions of the first day of the Seminar were chaired by G. Harutyunyan, President of the Constitutional Court of the RA. During the sessions the topics on Interpretation and implementation of the Convention on Human Rights by the Constitutional Courts, The guarantees for rule of law, Protection of private and family life, Democracy were discussed.
The sessions of the second day of the Seminar were chaired by Jochen Frovein. During the sessions the topics on actual separate fundamental issues, on constitutional and procedural constitutional law, particularly Deprivation of human rights, Constitutional complaints against action and inaction and etc were discussed.
After seminar Jochen Frovein visited the Constitutional Court of the RA. At the guest's request Mr. G. Harutyunyan presented the history of establishment and activity of the Armenian Constitutional Court. Mr. Frovein also visited the library, the court-session hall, the consultative room, as well as the internet department, where he got acquainted with the materials of the Constitutional Court web-site. Mr. Harutyunyan as a gift presented to a guest a MP3 Disc, a program developed by the Constitutional Court of RA, where 150 Constitutions of the world and the comparative analyses of which are included. The International Association of Constitutional Law recognised it as an important program and placed it on its web site.

Photos 1 | 2 | 3