Does the decision to join the Customs Union contradict the Constitution?

Lusine Vasilyan

Is there a contradiction between Armenia’s decision to join the Custom Union and the Constitution? Head of the Vanadzor Office of the Helsinki Citizens’ Assembly Arthur Sakunts considers that there is a contradiction. According to him, the announcement of September 3 does not fit into the framework of the basic principles of democratic governance. This refers to the transparency, publicity and predictability of decision-making.

Sakunts is preparing to dispute this controversy in the court. “The case will be definitely brought to the court. Appeals will be submitted against President Serzh Sargsyan’s decision and the Government decision to establish an inter-departmental commission.  We’ll demand to declare the decisions unlawful and unconstitutional,” he said.

President of the “Rule of Law” NGO Artak Zeynalyan considers that formally there is no contradiction between the decision to join the Customs Union and the Constitution, although the principle of publicity has been violated. There has been no discussion, dispute or any other preparatory work on the issue, the human rights defender says, adding that only a legal act (not an action or intention) can become a subject of constitutional dispute.

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