But it will be better if the process of the government establishment and project representation is implemented in the shortest term.
According to the Constitution, RA President Robert Kocharyan, has a time to appoint new prime minister till April 5, after which the government must be established. But if this process is delayed, an absurd situation will be formed.
Let’s explain. The 4th point of the Constitution’s 55th article foresees 20-day term /till April 25/ for the government establishment, Another 20-day term is foreseen for that new established government to design the project of its activities and produce it to the National Assembly. The NA must approve the government’s project within 5 days after its representation. According to this regulation, the new government must produce its project in the parliament two days after the elections, on May 14. It isn’t clear, how the NA sitting will be held and quorum will be constituted to adopt the project of the new established government. But the absurdness of this situation isn’t limited by this. That government will act for two weeks, as the political forces will be changed after the elections. And according to the 4th point of the Constitution’s 55th article, the government must resign its commissions in the first sitting of the new elected National Assembly, on May 31, and a new executive body must be formed.
Aren’t all these the signs of constitutional crisis? In answer to our question Vardan Poghosyan, the head of “Democracy” public organization, specialist of constitutional right, said: “There is no constitutional crisis, the Constitution has determined clear terms. And if the government’s project may be adopted only after the upcoming parliamentary elections because of this force majeure situation, it doesn’t mean that we have faced to a deadlock or constitutional crisis. This situation may occur everywhere, and the solutions are easy enough. The government must simply produce the project of its activities /it’s another point of question whether the NA will hold a sitting/. Finally it is spoken about a government, which activities will last till May 31. Consequently the adoption of such government’s project is formal”.
Anyway, whether the best way for avoiding of the absurdity and coming out of this situation is the establishment of the government by the RA president in a shortest term, and the NA discussion of the government’s project till the elections.
“I think, we have come out this situation in any case, – the specialist of the constitutional right affirmed. – The term of this parliament’s commissions lasts till the first day of new elected NA sitting. According to the Constitution, this parliament still can hold sittings, adopt laws, and it is a legitimate NA. We may not say that this parliament won’t exist after May 12, its activities are permanent. Consequently, nowadays NA has a right to approve or not to approve the government’s project. There is no problem. And indeed, the President may not use all those terms and appoints the prime minister or the establishment of the government sooner.”
Is there any legal obstacle for the new establishing government not to produce its project
? For example can Serge Sargsyan’s government produce to the NA the same project, which Andranik Margaryan’s government had adopted? Vardan Poghosyan answered: “ They can simply note in the project of the new government that they will continue the former government’s activities. As it is spoken about 15 days or 1 month.”
All these processes seem very formal but one of the authority newspapers published yesterday that some changes might happen. Though the staff of the establishing government won’t be changed essentially, it will be formed by the RPA, ARF and ULP members, with the same proportion, “Anyway some changes are expected”.