Armenian prime minister enjoys 'unprecedented authority' under new Constitution – Vazgen Manukyan

In a recent interview Ankhakh.com, the leader of the National Democratic Union, Vazgen Manukyan, shared his concerns over the agenda of the April 5 constitutional referendum.

Mr Manukyan, is the Constitututional Court, with its current format, a real impediment to the new government in terms of implementing reforms, developing the domestic economy, improving the population's living standards, resolving problems in education and healthcare, ensuring the country's security, and building a just state and a healthy society.

The authorities which the prime minister enjoys under the current Constitution are unprecedented in size. Even Nikol Pashinyan once referred to them as 'super prime ministership'. Also the foreign-funded NGOs, acting as a segment of the civil society, used to be ardent critics of the government, whereas they are now serving the ruling political regime. The opposition political parties are not an impediment either. Besides, the society largely – at least in the initial period – was trustful and supportive of the authorities. As for the Constitutional Court, it never before hampered the adoption of any law or decision by the authorities. Never before since Armenia's independence had we really had a government institution vested with such powers and enjoying this kind advantages. So if, under such conditions, the authorities still prove unequal to their commitments and promises to the poeple to govern the country effectively,  then they are the impediment themselves ...

What about the authorities' thesis that the Constitutional Court appointed by the former regime will function under the influence of either the predecessors or certain foreign [powers]? Is that justified?

The international practice has a developed set of clear-cut criteria and principles to prevent the governing political regime from influencing the judiciary's decisions and making arbitrary changes motivated by their own political interests. The presence of members appointed by the former authorities is among the [key] principles behind ensuring the independence of supreme judiciary bodies.  That, over the course of years (between government changes), contributes to a certain stratification in that body, allowing it to enjooy a higher degree of independence without incurring influence by either former or current regime and guiding itself only by the effectice laws. The Constittuional Court of Armenia also underwent a certain stratification over the past years [two of the current CC members were appointed by first President Levon Ter-Petsoyan, five – by third President Serzh Sargsyan and the other two were installed under Nikol Pashinyan].

Hence the presence of the former authorities’ appointees in the Constitutional Court is not only acceptable but also an important practice internationally.

Do we nonetheless need constitutional changes?

Certainly, we do. But to achieve that we need larger-scale reforms applying also to the Constitutional Court’s activity (ensuring, at the sema time, its legal independence).  But that process has to undergo serious procedures – public and professional debates – before being put to a referendum. And only if and after the Constitutional Court appears to be an impediment then, will the changes be considered separately. Hence, this referendum is a pointless and illegitimate process which will pave the way to more illegitimacies in the future.

Do you think the referendum will eventually succeed given especially the requirement for 650,000 ballot papers with positive votes?

Remember, first of all, how many votes the [ruling] My Step bloc garnered in the 2018 parliamentary election. The election turnout was low indeed as only half of the 2.5 million voters – about 200,000 people – headed to polls and only 884,000 voted in favor of My Step. That’s to say, an estimated 35% of the voters cast their ballots [for the governing political team]. And that, by the way, was in a period when Nikol Pashinyan and his team enjoyed the highest reputation - which isn’t absolutely true today. Also importantly, the voter turnout proves to be relatively lower at referendums. With all that in mind, it is now obvious that 650,000 positive votes will be practically impossible as a result of the [April 5] referendum. The authorities will have to either opt for vote-rigging or move to using administrative resources (which also prompts a low likelohood for securing the necessary of votes) or otherwise cancel the elections under some pretext.

Hence my advice to our citizens is, ‘Think well not to be cheated into adventures’.