The Judicial Code, especially with amendments of March 25, 2020, essentially improved the disciplinary responsibility regulations, but need for the improvement of disciplinary responsibility institute is available, especially, in case of fundamental violations of human rights in the context of subjecting to disciplinary responsibility to the judges.
Hence, to raise the judicial power authority, to more strengthen the confidence of the community on independence and impartiality the Government made a legislative initiative, by which it is designed to make a legislative initiative, by which it is envisaged to introduce effective mechanisms of subjecting disciplinary responsibility to the judges led to fundamental violations of human rights and freedoms.
At June 13 sitting of the NA Standing Committee on State and Legal Affairs, the RA Deputy Minister of Justice presented the draft law on Making Amendments and Addendum to the constitutional law the RA Judicial Code.
According to the Deputy Minister, the draft law was presented to the Venice Commission, and after the latter’s opinion had been essentially revised, setting other structure. In particular, the draft specified that in case, when the violation made by the judge while carrying out justice was disclosed as a result of the study of the European Court of Human Rights (ECHR), then disciplinary proceedings can be sued on that basis after disclosing the violation within one year.
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It was also designed that in the abovementioned case disciplinary proceedings cannot be sued if 15 years passed after the judgement of the ECHR entering into force.
In the Committee members’ opinion, there are provisions in the presented draft, which are in the phase of use, can be problematic. The deputies presented proposals, which will be touched upon during the period from the first to the second reading.
According to the co-rapporteur, the member of the Standing Committee on State and Legal Affairs Artur Davtyan, the draft expects to have increase of judicial power quality. “While making judicial acts the judges will be more alert that there will not be procedural violations, which later can become the basis for release from the judge’s post,” he said.
The Committee endorsed the draft.
Afterwards, the Committee in the second reading debated and endorsed the draft laws on Amending the law on Prosecutor’s Office, on Making Amendments and Addenda to the RA Penitentiary Code, to the law on Administration Bases and Administrative Proceedings.
National Assembly of the Republic of Armenia