The Republic of Armenia is among the European countries with relatively young history of constitutional judiciary. Before the breakup of the Soviet Union, in December 1988, a Constitutional Control Committee was set up under an amendment to the Constitution of the Soviet Union. The Law of the Union relating to this Committee also provided a possibility to create a Constitutional Control Committee in each Republic of the Union, which never actually happened and took place.
In 1991, moreover, the Armenian legislative - the Supreme Council had considered setting up a Constitutional Court, although it never actually did so (two laws, namely the Law on the President of the Republic of 1 October 1991 and the Law on the Supreme Council of the Republic of Armenia of 19 November 1991, simply alluded to such a Constitutional Court). However, no law or amendment to the Constitution of the Armenian SSR was ever adopted to put this declaration of intention into real effect.
The new Constitution promulgated by the nationwide referendum of 5 July 1995 finally introduced the judicial-legal system, which encompasses also the Armenian Constitutional Court. The Law on the Constitutional Court was adopted by the National Assembly on 20 November 1995 and it was signed by the President of the Republic on 6 December 1995. On 5 and 6 February 1996, the first composition of members of the Constitutional Court were appointed and the Court began formally and officially functioning on 6 February 1996, when its members were sworn in before the National Assembly. The powers of the Constitutional Court were quite limited and the system of the individual constitutional applications by the citizens was not introduced.
In 2005 Constitutional reforms took place in the Republic of Armenia, as on 27 November 2005 the text of the Constitution with the Amendments was adopted by another nationwide referendum. The Amendments directly concerned the system of constitutional justice. Firstly, Article 93 of the Constitution enshrined: "The Constitutional Court shall administer the constitutional justice in the Republic of Armenia." According to Article 94 of the Constitution "The powers, the procedures of formation and activities of the courts shall be defined by the Constitution and laws. "As a result of the Constitutional Amendments the scope of the persons entitled with the right to fill an application to the Constitutional Court, as well as the scope of the objects of the constitutional control, was substantially extended and the Institute of the Individual Constitutional Complaint was established (under Article 100.6 of the Constitution of 2005).
The Constitutional amendments objectively put forward the growing necessity of fundamental amendments to the Law on "the Constitutional Court". By the legislative initiative of the Government the new draft of the Law on "The Constitutional Court" was presented to the National Assembly. The draft Law passed detailed examination in the European Commission for "Democracy through Law". The new Law entered into force on 1 July 2006. According to the requirements of the Law, the Constitutional Court adopted the new Rules of Procedure, on the basis of which the organisation of the admission of Individual Complaints and the preliminary works for the examination of the cases is ensured, as well as the peculiarities of the judicial service in the Constitutional Court are determined. The Law on "The Constitutional Court" more clearly defined the state-power status of the Constitutional Court, stating in Article 1 of the Law that "The Constitutional Court is the highest body of the constitutional justice which provides supremacy and direct enforcement of the Constitution in the legal system of the Republic of Armenia." The Law made serious amendments to the procedures of the constitutional proceedings, stipulated the principle of ex officio clarification of the case circumstances, the procedural specifics of the examination of various cases were determined, the legislative prerequisites for the inculcation of the institute of the Individual Complaints were created. More notably, according to Article 116 of the Constitution, Article 101.6 came into force on 1 July 2006, by which time all necessary legislative and organisational guarantees for admission and consideration of the Individual Complaints were created.
Worth to mention, that the next decade, which covered the time period of 2005-2015, was also full of ongoing developments in respect to the Constitutional Court of Armenia. Due to the changed nature of its powers, the Court started to play more significant role in the domestic affairs, while the legal positions expressed in the court's decisions started to set up benchmarks for the respective legislation improvements and modernization. The given decade was also highlighted with the expansive growth of the external and international activities and influence of the Court, which namely established itself as one of the leading and progressive courts in the post-Soviet space. The annual Yerevan International Conferences were a landmark yearly activity, becoming one of the most known platforms for the discussion of the most topical issues in the field of the constitutional justice and promotion of human rights and fundamental freedoms in the Eastern European region.
On the other hand, another round of internal domestic constitutional amendments took place in time period of 2013-2015, which was concluded into the nationwide referendum of 5th December 2015, marking the adoption of another package of constitutional amendments. As the result of the recent constitutional amendments, the jurisdiction and role of the Constitutional Court of Armenia have been significantly enhanced, while the Court's institutional independence was strengthened sufficiently.
According to Article 166 Part 1 of the Constitution, the Judges of the Constitutional Court shall be elected by the National Assembly for a term of twelve years, by at least three fifths of votes of the total number of Deputies. The Constitutional Court shall be composed of nine judges, of which three judges shall be elected upon recommendation of the President of the Republic, three judges upon recommendation of the Government, and three judges upon recommendation of the General Assembly of Judges. The General Assembly of Judges may nominate only judges. The same person may be elected as a judge of the Constitutional Court only once.
According to Article 166 Part 2 of the Constitution, the Constitutional Court shall elect the Chairperson and Deputy Chairperson of the Constitutional Court from among its members for a term of six years, without the right to be re-elected. According to Part 8 of the same article, the Judges of the Constitutional Court shall hold their office until attaining the age of seventy. According to Article 213, the Chairperson and members of the Constitutional Court appointed prior to the entry into force of Chapter 7 of the Constitution shall continue holding office until the expiry of the term of their powers specified in the Constitution with the amendments of 2005. After entry into force of Chapter 7 of the Constitution, the nominations for vacant positions of judges of the Constitutional Court shall be made successively by the President of the Republic, the General Assembly of Judges, and the Government.
Worth to mention that Article 4 of the Constitutional Law of the Republic of Armenia on the Constitutional Court of the Republic of Armenia prescribes the requirements for a judge of the Constitutional Court. Namely:
1. A citizen of the Republic of Armenia of forty years of age, with the right to suffrage, with high professional and moral qualifications and with at least fifteen years of professional experience as a lawyer, proficient in Armenian with higher education may be elected as a Judge of the Constitutional Court.
2. The same person may be elected as a judge of the Constitutional Court only once.
3. The judge of the Constitutional Court may not hold a position not determined his/her status in state or local self-government bodies, any position in commercial organizations, be engaged in entrepreneurial activity, perform other paid work, other than scientific, educational, and creative work.
4. The regulations of the law on entrepreneurship of the public servant shall apply to a judge of the Constitutional Court.
5. The judge of the Constitutional Court shall not be a member or founder of any party, hold a position in the party, speak on behalf of the party, or otherwise be engaged in political activity. The judge of the Constitutional Court shall display political restraint and neutrality in public speeches and in any other circumstance.
6. The judge of the Constitutional Court may participate only in the elections to the National Assembly and the local self-government bodies as a voter. The judge of the Constitutional Court shall not publicly speak out for or against a candidate or otherwise participate in pre-election campaigning.
7. Professional discussions or conclusions on draft legal acts, discussions and statements on the activities of the judiciary, including public, are not considered a violation of the principle of depoliticization.
8. The judge may hold a position in a non-profit organization if:
1) s/he performs her or his activity in that position for free, and;
2) that position does not imply the administration of funds, conclusion of civil-legal transactions on behalf of the organization, or the representation of the organization in state or local government bodies.
9. The judge's payment for scientific, educational or creative work may not exceed a reasonable amount, that is, the amount which a person of similar qualifications, but who is not a judge, could claim.
10. A judge may receive renumeration for activities performed in accordance with the rules of Part 9 of this Article, if such renumeration cannot be reasonably perceived as intended to influence the judge in the performance of his / her official duties.
11. A judge may not act as a testator or trustee of a property unless s/he acts in a gratuitous manner with respect to her/his close relative or the property of a person under her/his custody or guardianship.
12. For the purposes of this Law, a close relative of a judge are the parent of a judge or her/his spouse or, the child, the spouse of a child, the brother, the stepbrother, the sister, the stepsister, the grandfather, the grandmother, the grandchild, the great-grandchild, as well as the spouse of a brother or sister, the adopter or the adopted.
13. The circumstance of proficiency in the Armenian language is certified by the outcome document issued by the educational institution (certificate, brevet, diploma on the completion of the study in Armenian at educational institutions or about completing the course of study envisaged by educational programs on the subject "Armenian language" and final certification. In the absence of an outcome document certifying the fact of knowledge of the Armenian language, the command of knowledge of the Armenian language is checked in the manner established by the Minister for Development and Implementation of the Government Policy in Education and Science, which should provide reasonable, objective criteria for verifying the knowledge of the Armenian language, as well as the procedure of control.
The independence of the Judge of the Constitutional Court is stipulated by Article 7 of the Law, namely prescribing that:
1. When administering justice, the judge shall be independent of state and local self-government bodies, officials, natural and legal persons, shall not be accountable to anyone, as well as not obliged to give any explanation.
2. A judge of the Constitutional Court may not seek instructions with respect to his/her functions.
3. Any influence on a judge of the Constitutional Court with respect to his/her functions shall be impermissible and shall be prosecuted by law.
4. A judge of the Constitutional Court shall immediately notify the President of the Constitutional Court of each case of interference with the functions of the judge of the Constitutional Court or any other influence on him or her and the latter shall submit a request to the competent state bodies for taking necessary measures.
5. During his/her term in office and after the automatic termination or termination of his/her powers, the judge of the Constitutional Court shall not be questioned as a witness in a case in which s/he has exercised his/her powers as a judge.
Furthermore, Article 8 of the Law envisaged that a judge of the Constitutional Court shall be irremovable, while Article 9 has covered the immunity of the Judge of the Constitutional Court, namely prescribing that:
1. In accordance with Article 164 (2) of the Constitution of the Republic of Armenia, a judge of the Constitutional Court may not be held liable for the opinion expressed or judicial act adopted during administration of justice, except where there are elements of crime or disciplinary violation present.
2. In accordance with Article 164 (3) of the Constitution of the Republic of Armenia, criminal prosecution of a judge of the Constitutional Court with respect to the exercise of his/her powers may be initiated only upon the consent of the Constitutional Court.
3. A judge of the Constitutional Court may not be deprived of liberty, in connection with the exercise of his/her powers, without the consent of the Constitutional Court, except where s/he has been arrested at the moment of a criminal offence or immediately thereafter.
4. In addition to the right prescribed in Article 27(3) of the Constitution, upon deprivation of liberty, a judge of the Constitutional Court shall have the right to inform immediately the President of the Constitutional Court or another judge by telephone or other means of communication.
5. In the cases prescribed by this part, the deprivation of liberty may not last more than seventy-two hours. The President of the Constitutional Court and the Prosecutor General shall be immediately notified of the deprivation of liberty of a judge of the Constitutional Court. The decision to detain the judge of the Constitutional Court shall be immediately forwarded to the President of the Constitutional Court and the Prosecutor General. Bodies and officials that deprived the judge of his/her liberty are required to ensure unhindered access of the President and other judges of the Constitutional Court to the place of detention of a judge deprived of the liberty and to ensure access to the judge
6. The initiation of criminal proceedings against a judge of the Constitutional Court and the prosecutorial oversight of pre-proceeding criminal proceedings in this case shall be carried out by the Prosecutor General.
7. Actions in relation to a judge in criminal proceedings are carried out with the highest possible confidentiality of pre-proceeding proceedings, respect for the authority and independence of the judge and the judiciary, excluding any direct or indirect interference with the judge.
8. Access to the building of the Court for the purpose of conducting investigative actions in the building of the Constitutional Court is carried out with the notification of the President of the Constitutional Court.
9. Investigative actions involving a judge who is not under criminal prosecution may be carried out upon notification of the President of the Constitutional Court.
10. Investigative actions with the participation of a judge who is not under criminal prosecution are carried out at the time and place that have been previously agreed with the judge, with the highest possible confidentiality of the investigative action, respect for the authority and independence of the judge, with the exception of any direct or indirect interference with the judge's activities.
On the other hand, Article 12 of the Law has determined the grounds for termination and suspension of the powers of the judges of the Constitutional Court of Armenia. Accordingly, the powers of a judge of the Constitutional Court shall terminate if:
1) his/her term of office has expired;
2) s/he has reached the age of tenure;
3) s/he has deceased;
4) s/he has lost the citizenship of the Republic of Armenia or has acquired the citizenship of another state;
5) s/he resigned in the manner prescribed by the Constitutional Law of the Republic of Armenia "Rules of Procedure of the National Assembly";
6) s/he he was declared legally incompetent, missing or dead by a court decision that entered into legal force;
7) the verdict passed against him/her has entered into legal force or his/her criminal prosecution has been terminated on an unjustified basis.
2. The powers of a judge of the Constitutional Court shall be terminated in the manner prescribed by Article 83 of the Law, if s/he:
1) violated incompatibility requirements established by the Constitution and this Law;
2) was engaged in political activities during his/her tenure;
3) was unable to exercise the powers of a judge of the Constitutional Court for six months continuously due to temporary disability, with the exception of cases of pregnancy and maternity leave;
4) following the appointment, s/he has been affected by a physical impairment or an illness as a result of which s/he is unable to exercise his/her powers of a judge of the Constitutional Court;
5) s/he has committed a major disciplinary violation.
3. A significant disciplinary violation is:
1) the absence of a judge of the Constitutional Court at meetings of the Constitutional Court three times or more during the year without a good reason;
2) a judge of the Constitutional Court, having two reprimands or one severe reprimand, re-disciplinary violation;
3) commission of such an act by a judge of the Constitutional Court that discredits the authority of the Constitutional Court or is incompatible with the post of judge.
4. A judge of the Constitutional Court, upon submitting a letter of resignation to the National Assembly in the case established by clause 5 of part 1 of this article, shall immediately inform the President of the Constitutional Court.
5. In case of termination of the powers of a judge of the Constitutional Court on the grounds prescribed in clauses 1 and 2 of Part 1 of this Article, on the last day of the seventh month preceding the termination of his/her powers, and on the grounds prescribed in clauses 3-7 of Part 1 of this Article, no later than one day after the termination of the powers of a judge and on the grounds prescribed in clause 2 of this Article, the President of the Constitutional Court shall inform the President of the Republic, the President of the Court of Cassation and the Government accordingly.
Furthermore, Article 13 of the Law has set up the respective Grounds and procedure for imposing disciplinary liability on a judge of the Constitutional Court. Namely prescribing:
1. The violation of the Code of Conduct for a judge of the Constitutional Court prescribed by this Law constitutes grounds for imposing a judge to the Constitutional Court to disciplinary liability.
2. The Constitutional Court shall bring the judge of the Constitutional Court to disciplinary liability in the manner prescribed by Section 82 of this Law.
3. Proceedings in order to bring a judge of the Constitutional Court to disciplinary liability may be instituted on the basis of a violation of the rules of conduct by a judge established by this Law within one month after its discovery, but no later than six months.
4. Bringing a judge of the Constitutional Court to administrative, civil or other statutory liability does not exclude the possibility of bringing him/her to disciplinary liability and termination of his/her powers and vice versa.
Meanwhile, Article 14 of the Law has stipulated Rules of Conduct of the Judge of the Constitutional Court. According to it:
1. A judge of the Constitutional Court, in exercising any activity and in all circumstances, is obliged:
1) to refrain from manifesting behavior that discredits the judiciary, as well as undermines public confidence in the independence and impartiality of the judiciary;
2) not to use the authority of his/her position as a judge in his/her own interests or interests of another person or to prevent its use by other persons;
3) show political restraint and neutrality;
4) to refrain from publicly expressing doubts about the professional and personal qualities of a judge;
5) to refrain from publicly expressing doubts about the actions of the court, in judicial acts, with the exception of cases provided for by law or cases of professional activity carried out within the framework of scientific freedom;
6) refrain from publicly expressing an opinion in connection with a case that is being considered or will be considered, unless the judge acts in the case as a party or legal representative of the party;
7) refrain from statements or manifestations of behavior that jeopardize or doubt the independence and impartiality of a judge or court;
8) not to act as a representative or not to provide advice, including on a gratuitous basis, unless s/he acts as a legal representative or provides free legal advice to his /her close relatives or persons who are under his/her care or guardianship;
9) to avoid accepting a gift or other property benefits from someone or giving consent to accept them in the future, if, with a reasonable approach, this can be perceived as a targeted effect on the judge, observe the rules provided for by this Law that limit the acceptance of gifts by the judge.
2. When acting in office, a judge shall:
1) comply with the requirements of the Constitutional Law of the Republic of Armenia "On the Constitutional Court";
2) be impartial and refrain from making bias or discriminative speeches or conducting or leaving such an impression on a reasonable and impartial observer; to be impartial and to refrain from expressing in one's word or behavior manifestations of addiction or discrimination, or to create a similar impression with a healthy, impartial observer;
3) perform his/her official duties in good faith and fully, cooperate with the court Staff and other judges;
4) demonstrate respectful and benevolent attitude to the participants in the proceeding, judges, the employees of the Court and all persons with whom the judge communicates ex officio;
5) prevent any conflict of interest, exclude any influence on the exercise of his/her official, duties on his/her family, social or other relations;
6) not use or not disclose outside the administration of justice, for other purposes, or not make available in any other way the secret information that has become known to him/her in connection with the exercise of official duties, unless otherwise provided by law;
7) conduct court hearings in the clothing prescribed by law;
8) not interfere with the operation of the recording system.
The proceedings before the Constitutional Court are governed by the Constitutional Law of the Republic of Armenia on the Constitutional Court, while the organizational peculiarities are covered also by the Working Format of the Court.
According to Article 169 of the Constitution of the Republic of Armenia, the following subjects are entitled to apply to the Constitutional Court:
(1) the National Assembly - in the cases prescribed by point 12 of Article 168 of the Constitution, and in the case prescribed by point 7 of Article 168 of the Constitution upon the decision adopted by majority of votes of the total number of Deputies, whereas in the case prescribed by point 10 of Article 168 of the Constitution upon the decision adopted by at least three fifths of votes of the total number of Deputies;
(2) at least one fifth of the total number of Deputies - in the cases prescribed by points 1, 4 and 6 of Article 168 of the Constitution;
(3) a faction of the National Assembly - in respect of disputes related to decisions adopted upon the results of a referendum and those of the election of the President of the Republic;
(4) the President of the Republic - in the cases prescribed by part 1 of Article 129, part 2 of Article 139, Article 150, as well as points 1 and 4 of Article 168 of the Constitution;
(5) the Government - in the cases prescribed by points 1, 4, 8 and 12 of Article 168 of the Constitution;
(6) the Supreme Judicial Council - in the cases prescribed by point 4 of Article 168 of the Constitution;
(7) local self-government bodies - with regard to compliance with the Constitution of regulatory legal acts listed in point 1 of Article 168 of the Constitution, violating their constitutional rights, as well as in the cases prescribed by point 4 of Article 168 of the Constitution;
(8) everyone - under a specific case where the final act of court is available, all judicial remedies have been exhausted, and he or she challenges the constitutionality of the relevant provision of a regulatory legal act applied against him or her upon this act, which has led to the violation of his or her basic rights and freedoms enshrined in Chapter 2 of the Constitution, taking into account also the interpretation of the respective provision in law enforcement practice;
(9) the Prosecutor General - in respect of the constitutionality of provisions of regulatory legal acts related to specific proceedings administered by the prosecutor's office, as well as in the case prescribed by point 11 of Article 168 of the Constitution;
(10) the Human Rights Defender - in respect of the compliance of the regulatory legal acts listed in point 1 of Article 168 of the Constitution with the provisions of Chapter 2 of the Constitution;
(11) political parties or alliances of political parties having participated in the elections to the National Assembly - in respect of disputes related to decisions adopted upon the results of elections to the National Assembly;
(12) candidates for the President of the Republic - in respect of disputes related to decisions adopted upon the results of election of the President of the Republic;
(13) at least three judges of the Constitutional Court - in the case prescribed by point 9 of Article 168 of the Constitution.
2. The National Assembly shall, in the cases prescribed by point 2 of Article 168 of the Constitution, apply to the Constitutional Court in respect of amendments to the Constitution, membership in supranational international organisations, or territorial changes. The authorised representative of a popular initiative shall apply to the Constitutional Court with regard to the issue of a draft law put to referendum upon popular initiative.
3. In the case prescribed by point 3 of Article 168 of the Constitution, the Government shall apply to the Constitutional Court.
4. Courts shall apply to the Constitutional Court in respect of the constitutionality of the regulatory legal act applicable in a specific case they are seized of, if they have reasonable doubts on the constitutionality thereof and find that the adjudication of the case is possible only through the application of the regulatory legal act.
5. In the case prescribed by point 6 of Article 168 of the Constitution, the Council of the National Assembly shall apply to the Constitutional Court.
6. The details related to the procedure for applying to the Constitutional Court shall be prescribed by the Law on the Constitutional Court.
7. The Constitutional Court shall examine a case only in case of availability of the relevant application.
According to Article 170 of the Constitution of the Republic of Armenia, the Constitutional Court shall adopt decisions and opinions. The decisions and opinions of the Constitutional Court shall be final and shall enter into force upon their promulgation. The Constitutional Court shall render decisions on the issues provided for by Article 168 of the Constitution, except for the issue provided for by point 7, whereas it shall render opinions on the issue provided for by point 7 of Article 168. The decisions on the issues provided for by points 10 and 12 of Article 168 of the Constitution, as well as opinions shall be adopted by at least two thirds of votes of the total number of judges of the Constitutional Court; the other decisions shall be adopted by majority of votes of the total number thereof.
The procedure of admission and consideration of an individual constitutional application to the Constitutional Court is determined by the Constitutional Law of the Republic of Armenia on the Constitutional Court. Namely, according to Article 69,
1. The application in cases referred to in this article (hereinafter referred to as an individual application) may be submitted by an individual or legal entity in a particular case, when there is a final judicial act, all domestic remedies have been exhausted, and the constitutionality of the provision of the applied regulatory legal act is challenged with regard to this act, which entailed a violation of the fundamental rights and freedoms, enshrined in Chapter 2 of the Constitution, also taking into account the interpretation of the relevant provision in the law enforcement practice.
2. The individual application must contain references to the provisions of the normative legal act the constitutionality of which is being challenged, and justifications that the contradiction of the normative legal act has led to the violation of his or her fundamental rights and freedoms prescribed in Chapter 2 of the Constitution taking into account also the interpretation of the respective provision in law enforcement practice.
3. An individual or legal entity may submit individual applications to the Constitutional Court after the exhaustion of all judicial remedies, no later than six months after the final judicial act has entered into legal force.
4. The decision to refuse to accept the case or to consider the case on an individual application, with the exception of cases prescribed in part 16 of Article 68 of this Law, is held by three judges of the Constitutional Court, on behalf of the Constitutional Court.
5. The consideration of individual applications, in addition to the cases provided for in Section 29 of this Law, may also be denied in cases where the individual application is manifestly grounded or the applicant has not exhausted all judicial remedies, or the six-month period for applying to the Constitutional Code prescribed in part 3 of this Section has expired.
6. The decision to refuse consideration of the case on individual applications, adopted in the manner prescribed by part 5 of this article, must be motivated. It must be adopted unanimously, otherwise the Constitutional Court shall reconsider and resolve the issue of accepting the case for consideration plenary, and a decision on this issue will be taken no later than three months from the date of registration of the individual application.
7. In cases referred to in this article, the body that has adopted the relevant regulatory legal act shall be involved in legal proceedings as a defendant, with the exception of the case prescribed in part 6 of Article 68 of this Law.
8. The Constitutional Court shall adopt a decision in the cases referred to in this article, no later than three months after the registration of the appeal. The term for consideration of a case may be extended by a motivated procedural decision of the Constitutional Court, but for no more than three months.
9. The procedure for the adoption and preliminary study of individual applications is established by the Rules of the Constitutional Court.
10. The final judicial act issued in respect of the applicant in the cases referred to in this article shall be subject to review in the manner prescribed by law on the basis of a newly revealed circumstance in the event that the provision of the regulatory legal act applied to the applicant is found to be contrary to the Constitution and invalid, as well as when in its interpretation having recognized this provision as consistent with the Constitution, the Constitutional Court will simultaneously consider that it was applied in a different interpretation with respect to the applicant.
11. Part 10 of this article also applies to persons who, as of the day the application was registered with the Constitutional Court, still retained their right to appeal to the Constitutional Court on the same issue, but did not appeal to the Constitutional Court.
12. Clauses 3 and 4 of part 1 of Article 29 of this Law shall not apply to the persons referred to in Article 11 in regard with resolving the issue of retaining the right to apply to the Constitutional Court.
13. The rules prescribed in parts 7-20 of Article 68 of this Law shall apply when examining all other circumstances related to the cases referred to in this Article and when adopting decisions thereon.
According to Article 35 of the Constitutional Law of the Republic of Armenia on the Constitutional Court the publicity of the proceedings shall be ensured thoroughly. Namely:
1. The proceeding shall be public, except for the cases prescribed by part 4 of this Article.
2. Those present at a session may take written notes of the proceeding and audio-record it.
3. The proceeding may be filmed and broadcast, including on internet, if the Constitutional Court has not adopted a procedural decision on restricting the filming and broadcasting of the proceeding.
4. For the purpose of protection of the private life of the participants in the proceedings, minors, and interests of justice, as well as for the purpose of protection of state security, public order or morality, the representatives of mass media and public representatives may be prohibited from participating in the sessions of the Constitutional Court or in some of them upon the procedural decision of the Constitutional Court taken by the majority vote of all the judges of the Constitutional Court.
5. On the initiative of the Constitutional Court or on the motion of one of the parties to the proceedings, the question of holding a proceeding closed to the public shall also be discussed in a session closed to the public and the decision shall be delivered in the deliberation room.
6. A session closed to the public may be attended by the parties to the proceeding, their representatives, and if necessary, by witnesses, experts and translators.
7. Regardless of all circumstances, the final part of the decisions on the merits and of the opinions of the Constitutional Court shall be announced in a public session.
The sessions of the Constitutional Court shall be convened and presided by the President of the Constitutional Court. The President of the Constitutional Court and the rapporteur judge shall decide on the scope of persons to be invited to the session of the court. The carbon copies of applications and of other documents obtained in the course of preparing the case for proceeding shall be forwarded to the Judges of the Constitutional Court, the involved parties, and, where necessary, to the invitees, at least ten days prior to the court session, and in the cases prescribed by the Law, at least one day prior to the court session. The Staff of the Constitutional Court shall notify the participants in the proceedings and the invitees of the day and time of the session of the Constitutional Court through the procedure prescribed by the Rules of Procedure of the Constitutional Court. The proceeding of cases at the Constitutional Court shall be conducted both through oral and written procedure, in compliance with this Law. The rules for proceeding of cases through written and oral procedure shall be prescribed by the Working Format of the Constitutional Court, based on the general requirements of the Law. The participants in the proceeding shall be informed in writing of the proceeding of the case through oral or written procedure, within a three-day period following the acceptance of the case for consideration, which shall contain the following information: 1) the text of the Constitutional Court's procedural decision on the proceeding of the case through oral or written procedure; 2) the period during which the proceeding participants must submit their written explanations, if the proceeding is conducted through written procedure, and other materials of the case; and 3) brief information about the rights and responsibilities of the participants during the proceeding of the case. By the procedural decision of the Constitutional Court, prior to the commencement of the procedure, only cases on the same issue may be joined and considered in the same session of the Court. The participants in constitutional proceedings shall be as follows:
1) parties to the proceedings:
a. applicant - bodies and persons having the right or obligation to apply to the Constitutional Court in accordance with Article 23 of the given Law,
b. respondent - bodies and persons provided for by this Law;
2) witness, expert and translator;
3) in the cases prescribed by this Law, third parties, as well as other persons who, in the manner prescribed by this Law, enjoy the rights of a party to the proceedings.
The Representatives of the President of the Republic, the National Assembly, the Government, the Supreme Judicial Council, the Cassation Court, the Human Rights Defender, the Prosecutor General who wish to participate in the session of the Constitutional Court can apply to the Constitutional Court and receive materials in advance on the case under consideration. During the proceeding, they can give explanations on questions addressed to them by the Constitutional Court in the status of invited persons.
The above-mentioned regulations are prescribed by Articles 37-41 and Article 44 of the Constitutional Law of the Republic of Armenia on the Constitutional Court.
Furthermore, the Law also comprehensively cover the language of the proceedings, namely mentioning that the constitutional proceedings shall be conducted in Armenian. The participants in the proceedings may speak in the court in their preferred language if they provide the Armenian translation. The Constitutional Court shall provide free of charge translation services to the participants in the proceedings having no command of Armenian at the expense of the state budget funds if they prove that they lack the means to afford paid translation services (Article 36 of the Law).
It shall be mentioned that more detailed peculiarities of the proceedings can be found in Chapter 6 of the Constitutional Law of the Republic of Armenia on the Constitutional Court available at the official webpage of the Constitutional Court of the Republic of Armenia.