In order to define the whole internal structure for submitting an application to receive an advisory opinion of the European Court of Human Rights (ECHR), the Government proposed to make an addendum to the RA Constitutional Law on the Constitutional Court, as well as to the Codes of Administrative Procedure, Civil Procedure and Criminal Procedure. The legislative package was debated at the regular sitting of the NA Standing Committee on State and Legal Affairs on April 5.
The RA Deputy Minister of Justice Armenuhi Harutyunyan informed that the 16th Protocol of the European Convention on Human Rights enables the highest courts of the state to apply to the European Court of Human Rights for an advisory opinion. According to the Deputy Minister, although Armenia has had the experience of using this opportunity, there are no corresponding procedures in the legislation. The legislative package submitted for debate by the Committee proposes to design the procedural rules for applying to the European Court of Human Rights for getting an advisory opinion by the Constitutional Court and the Court of Cassation. It is proposed to define the list of necessary documents and other regulations.
Answering the deputies’ questions, the Deputy Minister informed that until today the ECHR has provided two advisory opinions. Addressing the question regarding the procedure for applying to the ECHR, Armenuhi Harutyunyan noted that according to the presented draft, every judge can apply for proposing an advisory opinion, and the Court of Cassation must make a decision on this.
The Committee endorsed the legislative package debated in the first reading.