Introduction

1. Date and context of foundation

In December 1988 the Constitutional Review Committee was set up under the amendment to the Constitution of the Soviet Union. The relevant law of the Union also provided for the creation of a Constitutional Review Committee in each Republic of the Union, but this never eventuated.

The Armenian legislator in 1991 also contemplated, but did not proceed with, the creation of a Constitutional Court (mentioned in two laws, the first relating to the President of the Republic, dated 1 October 1991 and the second relating to the Supreme Soviet of the Republic of Armenia, dated 19 November 1991). However, no law or amendment to the Constitution of the Armenian SSR followed this statement of intention.

It was the new Constitution, promulgated by referendum on 5 July 1995, which established a Constitutional Court in Armenia. The law concerning the Constitutional Court was passed by the National Assembly on 20 November 1995 and ratified by the President of the Republic on 6 December 1995. On 5 and 6 February 1996, the members of the Constitutional Court were appointed and the Court began to function on 6 February 1996 when the judges were sworn in before the National Assembly.

2.  Position in the judicial order
The Armenian Constitutional Court is a judicial body, separate and independent from the executive, the legislature and the judiciary. It is responsible for verifying the constitutionality of laws and other enactments.

Under the Constitution, the judicial system of the Republic of Armenia comprises three levels of jurisdiction: the courts of first instance, and the courts of appeal and the Court of Cassation (reform of the judicial system is in hand). The Constitutional Court does not stand at the apex of any hierarchy of courts and is not part of the ordinary judicial system, in which the court of cassation represents the supreme authority. The Constitutional Court's case law is not subject to censure by the other courts. The relationship between the ordinary courts and the Constitutional Court is not defined by the Constitution or by the laws of the Republic.

I.   Statutory foundations
- Articles 55.10, 57, 59, 83, 116.5 and Articles 96, 97, 98,99,100,101 and 102 of Chapter 6 of the Constitu-tion;
- Law of 6 December 1995 on the Constitutional Court.

II. Composition and organisation
1. Composition
The Constitutional Court is made up of nine members. Any citizen of the Republic aged 35 or over may become a member. Members (including the President and Vice-President) hold office until the age of 70.

Power to appoint members of the Constitutional Court is shared between the National Assembly and the President of the Republic.

The National Assembly elects five members, chosen by the majority of representatives present at the National Assembly sitting, while the four remaining members are appointed at the discretion of the President of the Republic.

The President of the Constitutional Court is not elected by its members but chosen from among them by the National Assembly, whose President nominates the candidates. The President of the Republic designates a President of the Constitutional Court if the National Assembly has not done so within 30 days of the Court's formation.

Appointment as a member of the Constitutional Court is possible for any person who meets the following requirements:
- citizenship of the Republic, age 35 or over, full electoral rights;
- higher education;
- 10 years' professional experience; experience in the legal sphere with public or scientific institutions;
- irreproachable moral character;
- command of the Armenian language.

Although there are no rules requiring members of the Constitutional Court to be lawyers, seven of the nine members appointed in February 1996 actually have a legal background.

Membership of the Constitutional Court is incompatible with other public office or remunerated activity, except of a scientific, educational or creative nature. Political party membership or political activity are forbidden, but an active political record is not precluded by the Constitution.

Members of the Court enjoy immunity. Only on a finding of the Court itself may a member's immunity be revoked by the appointing authority.

According to a constitutional principle, a member of the Constitutional Court is irremovable. A member's dismissal must be moved by the appointing authority (ie the President of the Republic or the National Assembly; in the latter case, the motion must be supported by at least a third of the representatives). If the question of dismissal is raised, the Constitutional Court considers the case in the absence of the member concerned and, by vote of at least two-thirds of its members (ie 6 out of 9) makes a finding as to termination of the member's functions, arrest, official liability or criminal responsibility. Upon delivery of this finding, the actual decision on the member's removal rests with the appointing authority (no dismissal of a member of the Constitutional Court has occurred since it was formed).

The fact that members of the Constitutional Court are subject only to the Constitution and the relevant law secures their independence. It is prohibited and punishable by law to bring any influence to bear on a member of the Constitutional Court.

Members cease to perform their functions when:

• the age limit for holding office is attained;
• death occurs;
• loss of Armenian nationality occurs;
• they are declared unfit for office, missing or dead by valid decision of the courts;
• they are serving a sentence passed by the courts which has become enforceable.

2. Procedure
Procedure before the Constitutional Court is governed by the law relating to the Court as such.

Under the Constitution, the following may petition the Constitutional Court:
1. the President of the Republic;
2. at least one-third of the representatives in the National Assembly;
3. presidential and parliamentary candidates in disputes over election results;
4. the Government in the case prescribed by Article 59 of the Constitution (inability of the President of the Republic to perform his/her duties);
5. the National Assembly in the case prescribed by Article 57 of the Constitution (removal of the President of the Republic from office).

The Constitutional Court delivers decisions and findings only in respect of the referrals made and has no right to entertain a case of its own motion. Referrals are made to the Court in writing and submitted to its President, with no charge for the procedure.

If the subject-matter referred to the Constitutional Court is not within its jurisdiction, or the referral is formally inconsistent with the procedures prescribed by the law relating to the Constitutional Court, or it is made by someone not entitled to do so, the applicant is notified accordingly by administrative reply within five days after the referral.

Each application to the Constitutional Court is considered when its members are convened; if it is within the Court's jurisdiction and formally consistent with the procedures prescribed by the law relating to the Constitutional Court, and the applicant is entitled to petition the Court, the President designates one or more members to make a preliminary examination of the case. This must be completed not later than 12 days after registration of the application, unless other time-limits are prescribed by the Constitution or the law relating to the Constitutional Court.

On completion of the preliminary examination, the conclusions are reported to the President of the Constitutional Court by the responsible member(s).

Within the three days following the report, the members of the Constitutional Court are called together by the President to decide as to admissibility. If the referral is deemed valid, the President convenes a session of the Court, which is required to consider the case not later than 40 days after registration of the application, unless other time limits are prescribed by the Constitution or the law relating to the Constitutional Court. The individuals and bodies concerned are informed of the Court's decision to admit the case before it.

The Constitutional Court appoints one or more rapporteurs. The rapporteur(s) and the President designate the persons to be summoned to appear at the session. The file made up by the rapporteur(s) is forwarded to each member of the Constitutional Court, to the parties as a matter of course and, if the President so decides, to the persons summoned (experts and witnesses), not later than three days before the session. The Secretary of the Court is required to inform the parties and the persons summoned of the session date.

The parties may appear before the Constitutional Court either in person or through their representatives, not more than three per party being allowed. The parties are entitled to consult all documents in the case file.

The Court can request and obtain additional information and documents. The Constitutional Court's requests and summonses are binding on State authorities, public office holders, institutions, enterprises, organisations and citizens.
Sessions are normally held in public and inter partes, and each application is dealt with at a single hearing. The Court is entirely free to decide to sit in camera.

At the hearing, the President of the Constitutional Court verifies that the majority of its members, the parties and the persons summoned are present, declares the hearing open, and informs the parties of their rights and duties. Following the submissions of the rapporteur(s), they may be questioned by the members of the Court and the parties. Each party states its position and contentions in the case with no restriction on speaking time.

The Constitutional Court may defer the proceedings if it sees fit to clarify circumstances which have decisive bearing on the outcome of the case.

The Court deliberates in private. A member of the Constitutional Court is not entitled to abstain or refuse to vote. A ruling is made only with the majority of all the members present at the hearing (the Constitutional Court has no separate chambers). The President votes last. Concurring or dissenting opinions on the Court's decision or finding are not allowed.
Proceedings before the Court are conducted orally and must at all times be recorded in writing. Decisions and findings adopted by the Court are announced in public session.

The Constitutional Court's decisions and findings must be delivered within 30 days after the filing of the application, this being the time limit stipulated by the Constitution. Certain types of application must be brought before the Court within a specified time:
1. the President of the Republic must refer an international treaty to the Constitutional Court for verification of its compliance with the Constitution up to the time of its ratification by the National Assembly;
2. petitions concerning disputes in connection with the results of referenda and presidential and parliamentary elections may be-made in the month following official publication of the results;
3. a petition relating to certification of insuperable obstacles for a presidential candidate must be made not later than 5 days before the presidential elections. The Constitutional Court must reach a decision in the matter within 5 days of filing.
Any decision or finding by the Court is transmitted within three days of adoption to the parties in the case, the President of the Republic, the National Assembly, the Government, the Court of Appeals and the Prosecutor General.
From March 1996 to 23 May 1997, the Constitutional Court heard 57 cases; in three only it held that an international treaty was not in conformity with the Constitution (4.5% of the cases). Of all referrals, 55 (about 95%) concerned the constitutionality of international treaties. One related to the September 1996 presidential elections. To date there has been a single referral, moved by 65 parliamentarians, concerning the constitutionality of the law on local government elections.

3. Organisation
The rules governing the operation of the Constitutional Court and the organisation of its business are laid down in the rules of procedure adopted by the Court itself.

The Court's director of personnel is responsible for all its administrative work, which involves appointment of staff and management of human resources, running of the library, and publication of the Constitutional Court Bulletin.
The staff (technical services excepted) is 41 strong, 9 being assistants to the members of the Court.

Legal aid is provided by the Legal Department consisting of 7 lawyers apportioned between the International Law Section (3 persons) and the Legislative Section (3 persons).

The Secretariat has 18 clerks (including staff of the library, the press service and the registry). Another six work for the finance department (5) and the data processing department (1). The Adviser to the Constitutional Court is responsible for external relations.

The Constitutional Court's financial resources and staff are controlled by its President.

The President submits annual estimates to the Govern-ment for the operation of the Constitutional Court. Its budget is established each year by the National Assembly within the State budget. The Constitutional Court has complete independence in the management of its financial resources.

III. Functions

In pursuance of Article 100 of the Constitution and according to the procedures established by law, the Constitutional Court:
1. decides whether the laws, the resolutions of the National Assembly, the orders and decrees of the President of the Assembly and the resolutions of the Government are in compliance with the Constitution;
2.  before the ratification of international treaties, determines their conformity with the Constitution;
3. rules on disputes concerning referenda and the results of presidential and parliamentary elections;
4. ascertains whether an obstacle to a presidential candidature is insuperable;
5. makes findings as to whether there are grounds for the removal of the President of the Republic;
6. makes findings concerning measures prescribed by Articles 55.13 and 55.14 of the Constitution (extraordinary powers of the President of the Republic);
7. makes findings as to whether the President of the Republic is incapable of performing his/her functions;
8. makes findings with regard to termination of the functions of members of the Constitutional Court, their detention, and criminal proceedings against them for criminal or administrative offences;
9. in the cases prescribed by law, decides on the suspension or prohibition of a political party's activities.

IV. Nature and effect of judgments

According to Article 102 of the Constitution, the Constitutional Court shall render decisions and findings.
1. The Court's decisions concern Articles 100.1,100.2, 100.3, 100.4 and 100.9 of the Constitution. They are taken by majority vote of the total number of members, except for the purpose of suspending or prohibiting a political party's activity, which requires a two-thirds majority.
The Constitutional Court's decisions are final, not subject to review, and acquire legal force on publication. They are binding throughout the territory of the Republic. Any law or enactment which the Court declares inconsistent with the Constitution ceases to be effective upon publication of the decision. Liability is incurred, under conditions defined by the legislation, for failure to execute a decision of the Constitutional Court, improper execution or hindrance to execution.
2. The findings of the Constitutional Court concern Articles 100.5, 100.6, 100.7 and 100.8 of the Constitution, and are reached by a two-thirds majority of the total number of members.
The Court's decisions and findings are published in the official press and the Constitutional Court Bulletin (Teghekaguir).

Conclusion

Review of constitutionality is a recent practice in the Armenian institutional order. Reform is needed principally as regards the conditions of referral:
- granting the citizens access to the Constitutional Court for the protection of their constitutional rights;
- enabling the Court of Cassation to refer cases;
- reducing the number of parliamentarians stipulated for petitions to the Constitutional Court.

Statistical data: 1 March 1996-30 April 1997

53 referrals made and decisions delivered, including:
• 52 decisions concerning the compliance of international treaties with the Constitution. All referrals were initiated by the President of the Republic. Three treaties were declared incompatible with the Constitution.
• 1 decision concerning the presidential elections on an application made by two presidential candidates.

Important decisions

Identification: ARM-1997-1-001
a) Armenia / b) Constitutional Court / c) / d) 22.11.1996 / e) DCC-26 / f) Decision on a dispute concerning the results of the election of the President of the Republic of Armenia of 22.09.1996 / g) Teghekaguir (Bulletin on the Constitutional Court) / h).

Keywords of the systematic thesaurus:
Constitutional Justice - Constitutional jurisdiction.
Constitutional Justice-Types of litigation – Electoral disputes - Presidential elections.
Constitutional Justice - The subject of review - Administrative acts.
Fundamental Rights - Civil and political rights - Electoral rights.

Keywords of the alphabetical index: Presidential elections.

Headnotes:
Under Article 100.3 of the Constitution and Articles 9, 10,11,13,18,21 and 30 of the law on the presidential elections of the Republic of Armenia, the Constitutional Court lacks jurisdiction to examine concrete evidence of infringements relating to the presidential elections at the stage of preparation, organisation or returns. The Constitutional Court nevertheless examined the presidential election results and, while it took the counting errors into consideration, found that they did not affect the final outcome of the elections.

Summary:
The referral to the Constitutional Court was made by two opposition candidates in the presidential election seeking annulment of the decision by the Central Electoral Commission declaring the President of the Republic elected on the presidential election results which it had published.
The Constitution provides that the Constitutional Court "shall rule on disputes concerning referenda and the results of presidential and parliamentary elections" (Article 100.3 of the Constitution).
The law on presidential elections requires the higher electoral commissions to review and invalidate any improper decision or act by a subordinate electoral commission. Such improper decisions or acts may also be appealed, either before the higher electoral commission or before the courts. Decisions of the Central Electoral Commission - apart from those relating to the outcome of the election - may be challenged before the Supreme Court; however, no appeal was made to these authorities.
The Constitutional Court found that the Central Electoral Commission had acted in accordance with the legislative provisions and that the results issued by the Commission tallied with the figures of the regional and local commis-sions; it therefore dismissed the application and upheld the election of the President of the Republic.

Languages: Armenian.