INTERNATIONAL LEGAL TERMS THE INDEPENDENCE OF THE JUDICIARY AND TRANSITOLOGICAL FEATURES OF CONSTITUTIONAL DEVELOPMENT IN THIS AREA
Rubrics: LEGAL EVENTS
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
23.01.2017
Accepted:
23.11.2017
Published:
14.02.2017
Language:
Russian
Keywords:
justice, Constitution, Venice Commission, judiciary independence, rule of law index, Republic of Armenia, constitutional amendments, efficiency of the justice.
Abstract (English):
In the context of the activities of the European Commission for Democracy through Law (Venice Commission) the article presents a brief analysis of the constitutional provisions enshrining the guarantee of the independence of the judiciary, their compliance with the international standards in this field. Also the author has made a comparative analysis of the rule of law index, in the result, he has concluded that the countries of Eastern Europe in average the conditions and independence of the judiciary are unsatisfactory. Using the amendments to the Constitution of Armenia in 2015, the author provides examples of new constitutional solutions to overcome the current situation and existing problems in the process of formation and functioning of an independent judiciary. During the constitutional reform of 2015 were reformulated the fundamental rights to address complains to the international bodies. The rules on election and appointment of judges were changed, for example the delay of the exercise of the office of president of courts was modified. The High Judges Council was established having as its main purpose the protection of judges’ independence. Some changes were introduced to the judicial procedure having as a main goal its democratization.
In the context of the activities of the European Commission for Democracy through Law (Venice Commission) the article presents a brief analysis of the constitutional provisions enshrining the guarantee of the independence of the judiciary, their compliance with the international standards in this field. Also the author has made a comparative analysis of the rule of law index, in the result, he has concluded that the countries of Eastern Europe in average the conditions and independence of the judiciary are unsatisfactory. Using the amendments to the Constitution of Armenia in 2015, the author provides examples of new constitutional solutions to overcome the current situation and existing problems in the process of formation and functioning of an independent judiciary. During the constitutional reform of 2015 were reformulated the fundamental rights to address complains to the international bodies. The rules on election and appointment of judges were changed, for example the delay of the exercise of the office of president of courts was modified. The High Judges Council was established having as its main purpose the protection of judges’ independence. Some changes were introduced to the judicial procedure having as a main goal its democratization.
Keywords:
justice, Constitution, Venice Commission, judiciary independence, rule of law index, Republic of Armenia, constitutional amendments, efficiency of the justice.
justice, Constitution, Venice Commission, judiciary independence, rule of law index, Republic of Armenia, constitutional amendments, efficiency of the justice.
1. The World Justice Project., Rule of Law, 2010—2015. URL: http://worldjusticeproject.org.
2. Arutyunyan G. Rol´ Kontrol´nogo spiska verkhovenstva prava v sisteme konstitutsionnogo monitoringa (kontseptual´nye podkhody). Konstitutsionnoe pravosudie. 2016. № 3.
