Gianni Buquicchio: We know that the chair of Armenia's Constitutional Court is going to face serious blows in the near future - Shantnews.am

In an interview with SHANTNEWS, the president of the Council of Europe's Venice Commission commented upon the recently drafted judiciary reforms proposing procedures for the early retirment of judges at Armenia's Constitutional Court.

Gianni Buquicchio warned of the challenges stemming from such a move, noting that it could be a serious test for the high judicial body and its chairman.

″The Venice Commission has always demonstrated a critical approach to the compulsory retirement of judges, such as reducing the retirement age through a mandatory procedure (as was the case in Poland). In Armenia though, the situation is a little bit different, as they [judges] have the choice to accept or not to accept [the proposal],″ he said, admitting also the possibility of real risks (such as coercion).

The European advisory body issued its opinion on the proposed reforms earlier this month, expressing concern, particularly, over the draft clauses outlining the procedures of early retirement.

Buquicchio said they put the emphasis on the voluntary principle, knowing in advance that early retiremnet does not run counter to European standards.    

Meantime he agreed that coinciding timeframes (simultaneous retirements by ″too many judges″) may undermine Constitutional Court's activity in the short run. ″This is why we have asked the Armenian authorities to think of the possible ways to avoid this situaion,″ he added.

Asked to comment on the procedures of checking the credibility of the process and the recommended methods to avoid discrimination, the European official said their major task deals with analysing legal texts to make sure that there are no obliging clauses or provisions for judges.  

Meantime he cited precedents from European countries' practice - revealing that the ″volunutary″ principle is not at all voluntary in absolutely every case. ″Moreover, we know that the chair of the Constitutional Court is going to face serious blows in the near future, as numerous procedures have been now undertaken against him. Coincidence in the time aspect and the strict procedural interventions amount to a pressure against the chairman [of the Constitutional Court] who must be treated with respect as the head of one of the most important state institutions. On the other hand, Minister of Justice [Rustam Badasyan] stated clearly at the Venice Commission's plenary session that the Armenian government has not exerted any pressure upon judges and is not going to do so in the future either. I consider it the right approach. And I will be closely following the situation,″ he said.

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