University of Minnesota



The Judicial Council

 

The Judicial Council is an independent body, which performs its authorities according to the Judicial Code of the Republic of Armenia prescribed to it by Constitution of Republic of Armenia. 

According to Article 94.1 of the Constitution, the Judicial Council includes nine judges elected by the General assembly of judges by secret ballot, as prescribed by law, for a period of five years; two legal scholars appointed each by the President of the Republic and the National Assembly. 

According to Article 95 of Constitution of Republic of Armenia the Judicial Council:

    1. Drafts and submits for the approval of the President of the Republic the annual list of judges, in view of their competence and professional advancement, based on which appointments are done; 
    2. Makes recommendations regarding the judge candidates; 
    3. Proposes candidates for the chairmanship of the court of cassation, the chairmanship and judgeship positions of its chambers, the chairmanship of the courts of appeal, courts of first instance and other courts 
    4. Expresses its opinion on issues of pardons when requested by the President of the Republic 
    5. Takes disciplinary action against judges, makes recommendations to the President of the Republic regarding the removal from office of a judge, the arrest of a judge, and the initiation of administrative or criminal proceedings through the judicial process against a judge. 

      When performing its authorities the Council adopts decisions, provides recommendations. The Judicial Council realizes its activities through sittings. The sitting of the Council is potent if more than half of the overall numbers of the members of the Council are participating in it. The Chairman of the Court of Cassation chairs the sittings of the Judicial Council without a right to vote. 

      The Judicial Council forms a Discipline Commission consisting of its three members for a term of one year. Two judges and one scholar-lawyer, members of the Council, are involved in the Discipline Commission. The composition of the Discipline Commission is formed according to rotating order having as its basis the selection or appointment date of the Council. The members of the Council selected or appointed earlier are involved in the Discipline Commission. In case of coincidence of the dates of the Council members’ selection or appointment, the composition of the Discipline Commission is formed according to the alphabetical order of the surnames of the Council members. 

      The Discipline Commission has a right to:
    6. Initiate a discipline case against a judge and chairman of the Courts of the First Instance and Appeal and with a respective petition apply to the Judicial Council.

Based on the appeal by the Ethics Commission of the Council of Courts Chairmen, Republic of Armenia initiate a discipline case against a judge and chamber chairman of the Court of Cassation, as well as against the Chairman of the Court of Cassation and with a respective petition apply to the Judicial Council. 

Web site: The Judiciary of Armenia

 


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