According to the article 93 of the Constitution of Republic of Armenia the Constitutional Court administers the constitutional justice in the Republic of Armenia. The Constitutional Court is the highest body of the constitutional justice which provides supremacy and direct enforcement of the Constitution in the legal system of the Republic of Armenia. In the course of administering of constitutional justice the Constitutional Court is independent and follows only the Constitution. The Constitutional Court is composed of nine members.

 

Main principles of case review in Constitutional Court are:
a) independence of Constitutional Court;
b) clarification of the circumstances of the case ex officio;
c) the legal equality and the competitiveness of the parties;
d) collegiality;
e) transparency.

 

The Constitutional Court according to the article 100 of Constitution of Republic of Armenia, in conformity with the procedure defined by law:

1. Determine the compliance of the laws, resolutions of the National Assembly, decrees and orders of the President of the Republic, decisions of the Prime Minister and bodies of the local self-government with the Constitution;
2. Prior to the ratification of international treaties determine the compliance of the commitments stipulated therein with the Constitution;
3. Resolve all disputes arising from the outcomes of referenda;

3.1) Resolve all disputes arising from decisions adopted with regard to the elections of the President of the Republic and Deputies;

1. Declare insurmountable or eliminated obstacles for a candidate for the President of the Republic;
2. Provide a conclusion on the existence of grounds for impeaching the President of Republic;
3. Provide a conclusion on the incapacity by the President to discharge his/her responsibilities;
4. Provide a conclusion on terminating the power of a member of the Constitutional Court, detaining him/her, agreeing to involve him/her as an accused or instituting a court proceeding to subject him/her to administrative liability;
5. Provide a conclusion on the grounds to discharge the head of community;
6. In cases prescribed by the law adopt a decision on suspending or prohibiting the activities of a political party.

 

According to the article 101 of Constitution of Republic of Armenia in conformity with the procedure set forth in the Constitution and the law on the Constitutional Court the application to the Constitutional Court may be filed by:

1. The President of the Republic - in cases stipulated in Clauses 1, 2, 3, 7 and 9 of Article 100 of the Constitution;
2. The National Assembly – in cases stipulated in Clauses 3, 5, 7 and 9 of Article 100 of the Constitution;
3. At least one-fifth of the total number of the deputies - in cases stipulated in Clause 1 of Article 100 of the Constitution;
4. The Government - in cases stipulated in Clauses 1, 6, 8 and 9 of Article 100 of the Constitution;
5. Bodies of the local self-governance on the issue of compliance to the Constitution of the state bodies’ normative acts violating their constitutional rights;
6. Every person in a specific case when the final judicial act has been adopted, when the possibilities of judicial protection have been exhausted and when the constitutionality of a law provision applied by the act in question is being challenged;
7. Courts and the Prosecutor General on the issue of constitutionality of provisions of normative acts related to specific cases within their proceedings;
8. The Human Rights’ Defender – on the issue of compliance of normative acts listed in clause 1 of Article 100 of the Constitution with the provisions of Chapter 2 of the Constitution;
9. Candidates for the President of the Republic and Deputies – on matters listed in Clauses 3.1 and 4 of Article 100 of the Constitution;

                                                                                                 

The Constitutional Court starts proceedings only upon the receipt of an application. The decisions and conclusions of the Constitutional Court are final and come into force following the publication thereof.

The Constitutional Court may adopt a decision stipulating a later term for invalidating a normative act contradicting the Constitution or a part thereof.

 

Web site: Constitutional Court of Armenia