The second President of Armenia, Robert Kocharyan, made an estimate of the necessity of constitutional amendments and announced that the published draft exceeds his worst expectations. He is also concerned in the legal aspect, specifically he cites Article 89 of the new draft, which according to Kocharyan is called to ensure one-party priority at the Parliament, i.e. in power.
Aravot.am asked the member of the Special Committee on Constitutional Reforms, Gevorg Danielyan, whether these observations are substantiated and whether the Special Committee has taken these risks into account when presenting the text of the new draft, particularly with regard to Article 89. Mr. Danielyan replied, “With regard to the parliamentary majority, there is numerously voiced concern regarding the constitutional arrangements by this or that argument, unfortunately, it is not always that adequate arguments are put forward.
In this case, perhaps, the political aspects of the situation underlies the analysis, particularly, the legal solutions suggested in Article 89 are more vulnerable in the sense that in our country, according to this view, the political part owning “administrative and financial resources” will come to power “regardless of its enjoyed democracy.” At the same time, the conclusion is that “even a grain of absence of internal party democracy” will make the institute developed by the Special Committee more vulnerable.”
Leaving the purely political estimates of the situation aside, Mr. Danielyan said, “Hardly it is possible to make an adequate and comprehensive understanding of the issue if we try to merely solitarily view the idea of parliamentary majority. The Constitutional reforms are intended to forming a legal-political environment through complete legal provisions, in which case the allegations about the single-party would not be so realistic. If we leave everything unchanged and try making the issue of parliamentary majority a subject for discussion only in pieces, then, of course, there can be no question about being optimistic. However, the entire problem is that the constitutional solutions are called for ensuring not the singly-party but the establishment of the party namely. As a result of innovation, it is becoming more preferable for the parties to unite and the practice of acting united and in a stronger base, moreover, this implies to the political opposition too.
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Ultimately, the rules identically apply to any political force. If they are favorable, then they are also true for other forces, and if the political process should determine the so-called administrative and financial resources, then the single-party would be realistic in the case of any form of governance. The existing system, unfortunately, contributes to disappearing of parties, weakening of their forces, in this case, the opportunities of the single-party are more obvious.”
According to Gevorg Danielyan, the Constitution is a legal-political document, it cannot be separated only by the legal aspects, accordingly, the Special Committee considers its top priority to elaborate such solutions that will be able to accurately contribute to the establishment of bases of desired political system. In conclusion, Mr. Danielyan informed that the key part of the questions is left to the Electoral Code, which now is considered to be a constitutional law, which means that its adoption requires high indicator of mutual agreement exclusively by the political forces”.
Tatev HARUTYUNYAN
