Armenian opposition challenges election results in Constitutional Court
Armenian opposition challenges election results
Post-election tensions continue in Armenia, with the opposition alliance Strong Armenia announcing that it has filed an application with the Constitutional Court seeking to have the election results declared invalid.
Under Armenian law, political parties and electoral alliances that took part in the election are entitled to challenge the results before the Constitutional Court. Applications must be submitted within five days of the official publication of the results.
The Central Election Commission announced the final results on 14 June. Several other political groups have also said they intend to follow Strong Armenia’s example and appeal to the court, including the Prosperous Armenia Party, Wings of Unity, Democracy, Law and Discipline, New Force, as well as the Armenia alliance and the For the Republic–Union of Democracy Defenders bloc.
Before the Constitutional Court can consider Strong Armenia’s appeal, however, several procedural steps must be completed. Within two days of the submission, the court will hold a procedural session to determine whether the application is admissible.
“If the application is accepted for consideration, a reporting judge is appointed to prepare the case for judicial review. The Constitutional Court is required to examine the case and deliver a ruling no later than 15 days after the application is registered,” the court said.
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Constitutional Court to hear case in oral proceedings
Under Armenia’s Law on the Constitutional Court, the court hears cases concerning parliamentary election results through oral proceedings.
The Central Election Commission is automatically involved in the process as the respondent. The Constitutional Court may also, either at the request of a party or on its own initiative, involve state institutions or local government bodies as co-respondents if necessary.
The court may involve third parties at any stage of the proceedings.
These include political parties or electoral alliances whose rights or interests the case could affect.
“If a Constitutional Court ruling will directly affect third parties, the court must involve them in the proceedings,” Article 77 of the law states.
The Constitutional Court also has the authority to:
- request evidence from state bodies, local authorities, courts and prosecutors’ offices;
- establish a working group involving experts in relevant fields.
The court announces its rulings in open session in all cases. It also holds hearings in public unless a majority of judges vote to close the proceedings.
Any decision to close a hearing must be justified. Such a measure may be taken to protect:
- the private lives of participants in the proceedings;
- the interests of minors or the administration of justice;
- state security;
- public order or public morality.
What decisions can the Constitutional Court make?
Under Armenian law, the Constitutional Court may issue one of several rulings after reviewing an election dispute.
It may:
- Uphold the decision adopted on the basis of the election results;
- Annul the decision based on the election results and:a) declare the election results invalid;b) declare the election results invalid and determine a new distribu tion of parliamentary mandates;c) order a second round of elections.
The Constitutional Court has the authority to invalidate election results if it finds violations of electoral rights guaranteed by the Constitution.
Article 7 of Armenia’s Constitution states that elections to the National Assembly and local councils, as well as referendums, must follow the principles of universal, equal, free and direct suffrage through a secret ballot.
The Law on the Constitutional Court allows the court to invalidate election results if:
- despite exhausting all legal means of obtaining evidence, the court cannot establish the actual outcome of the election;
- credible evidence shows that actors committed widespread, systematic or organised violations, and that those violations formed part of a broader pattern of misconduct.
Repeat vote or fresh elections: what happens if the court invalidates the results?
Under Armenia’s Electoral Code, authorities may hold a repeat vote involving the same list of parties no earlier than 15 days and no later than 30 days after a court ruling invalidating the election results enters into force.
Article 101 of the code states that authorities must hold fresh parliamentary elections if the court also invalidates the results of the repeat vote. They must do so no later than 70 days after the ruling enters into force.
If the court orders fresh elections, the president must issue a decree setting the date of the vote within seven days of the ruling.
What if a new parliament is not in place before the current term expires?
If the Constitutional Court upholds the election results, the first sitting of the newly elected parliament will take place on 2 August.
Under Article 90 of Armenia’s Constitution, the term of a newly elected parliament begins on the day the mandate of the previous legislature expires.
In all circumstances, the outgoing National Assembly’s term ends as scheduled
The current legislature’s mandate may expire before a new parliament is in place. In that case, the newly elected parliament will begin work once it forms.
Armenian opposition challenges election results
