FAQ
Can natural persons or legal entities apply to the Constitutional Court and in which cases?
According to Clause 8 of Part 1 of Article 169 of the Constitution, everyone may apply to the Constitutional Court in a concrete case when there is a final act of the court, all judicial remedies have been exhausted, and the person challenges the constitutionality of a provision of a normative legal act applied by such act of a court in relation to him, which has led to a violation of his fundamental rights and freedoms enshrined in Chapter 2 of the Constitution, taking into account also the construal of such provision in its practical legal application.
Are the decisions of the Cassation Court subject to appeal at the Constitutional Court?
The decisions of the Cassation Court are not subject to appeal, they are also not subject to appeal at the Constitutional Court.
What are the state duty rates for filling an individual application to the Constitutional Court?
According to Part 1 of Article 9.1 of the Law of the Republic of Armenia on State Duty, for applying to the Constitutional Court, the amount of 30-fold of the base duty, i.e. AMD 30.000 shall be transferred to the account number 9 0000 500 16 08 (based on the fact that according to Article 8 of the referred Law, the amount of base duty shall be set at AMD 1000).
Is it possible to file a motion for being released from payment of state duty when submitting an individual application?
With the regard to the property status, the applicant shall be entitled to submit a motion to the Constitutional Court for being released from the payment of state duty, and the matters related to releasing the applicant from the payment of state duty in accordance with the procedure prescribed by the Law of the Republic of Armenia on State Duty are also resolved by the procedural decision on accepting the case for examination.
Is it possible to file an application to the Constitutional Court in electronic form?
According to Part 1 of Article 24 of the Constitutional Law on the Constitutional Court, the applications shall be submitted to the Constitutional Court in writing and signed by the competent person. The applications shall be submitted in paper or electronic form.
Reminder - According to Part 6 of Article 88 of the Constitutional Law on the Constitutional Court, the electronic applications may be submitted to the Constitutional Court in case technical capacities are available in the Constitutional Court.
What are the requirements for filing an application and which materials shall be attached to an application?
What are the requirements for filing an application?
Article 24 of the Constitutional Law on the Constitutional Court prescribes general requirements for submitting an application. According to this article, applications shall be submitted to the Constitutional Court in writing and signed by the competent person.
The following shall be indicated in an application:
(1) the name of the Constitutional Court;
(2) the name of the applicant (in case of a legal person - title), registered address (in case of a legal person - place of location) or residential address thereof if it is different from the registered address; where the applicant is acting through a representative, the name, registered address or the residential address of the applicant’s representative if the latter address is different from the registered address;
(3) the Article of the Constitution which provides for the right to apply to the Constitutional Court;
(4) the request addressed to the Constitutional Court and the arguments of the applicant with references to the relevant provisions of the Constitution;
(5) in the cases provided for by Clauses 1 and 5 of Article 168 of the Constitution - name of the state or local self-government body or the official that has adopted the disputed act;
(6) the list of materials attached to the application.
Which materials are to be attached to an application?
With the reference to cases of determining the constitutionality of normative legal acts applied in relation to natural persons and legal entities through final judicial act under specific cases, the applicant shall be obliged to submit to the Constitutional Court also the following:
(1) a receipt of payment of the state duty in the amount prescribed by this Law or a motion on being exempt from paying the state duty;
(2) the final judicial act of the Court of General Jurisdiction or the Specialized Court, by which the provision of the law disputed by the applicant has been applied thereto;
(3) carbon copy of the personal identification document of the applicant;
(4) state registration number of a legal person or state record-registration number of an individual entrepreneur;
(5) carbon copies of a personal identification document of an advocate acting as a representative and of a document certifying the status of advocate;
(6) carbon copy of a personal identification document of a person having higher education in law acting as a representative and of a document certifying the higher education in law thereof.
According to Article 25 of the Constitutional Law on the Constitutional Court:
1. The following shall be attached to the application submitted to the Constitutional
Court:
(1) letter of authorisation or any other document certifying the powers of the representative;
(2) the Armenian translation of all documents in a foreign language certified as prescribed by law;
(3) in the cases provided for by this Law — evidence certifying substantiation of the application;
(4) other materials related to the case, at the discretion of the applicant.
Who can represent a party at the Constitutional Court?
A person may protect his/her interests at the Constitutional Court both personally and through his/her representative.
The persons authorised by a party may act as a representative thereof at the Constitutional Court - an official or the advocate or the person having higher education in law, the powers whereof are certified as prescribed by the law.
Is it possible to withdraw the application filed to the Constitutional Court?
Article 30 of the Constitutional Law on the Constitutional Court regulates the given matter, namely, the applicant may withdraw the application submitted to the Constitutional Court until the commencement of the trial of the case, except for the cases when applying to the Constitutional Court is the obligation of the applicant.
The Constitutional Court may reject the withdrawal of the application on the basis whereof the case has been accepted for examination, where it finds that the examination of the case on the subject matter of the application derives from public interests, except for the cases provided for by this Law when withdrawal of the application leads to dismissal of the examination of the case.
The Constitutional Court may reject the withdrawal of the application on the basis whereof the case has been accepted for examination, where it finds that the examination of the case on the subject matter of the application derives from public interests, except for the cases provided for by this Law when withdrawal of the application leads to dismissal of the examination of the case.
When does the Constitutional Court reject the examination of the case?
The Constitutional Court shall reject the examination of the case in full or in part:
(1) where the issues raised in the application fall out of the competence of the Constitutional Court;
(2) where the applicant is not entitled to apply to the Constitutional Court on that issue;
(3) where there is a decision of the Constitutional Court on an issue raised in any of the applications submitted with regard to the cases referred to in Clauses 1-5 of Article 168 of the Constitution;
(4) where trial of a case is being conducted at the Constitutional Court based on another application on the subject matter of the application;
(5) where the validity of the disputed legal act or provision has been expired, and it has not been applied or shall not be subject to application;
(6) when the individual application is obviously ungrounded or where the applicant has not exhausted all remedies for judicial protection or the six-month time limit for submitting application to the Constitutional Court, provided for by Part 3 of this Article, has expired.
Within what time frame does the Constitutional Court examine a case based on an individual application?
With regard to the cases accepted based on the applications filed by the natural and legal persons, the Constitutional Court shall render a decision no later than within three months after the filing of the application. The time limit for examination of the case may be prolonged, but not more than for three months, upon the procedural decision of the Constitutional Court.
Is it possible to attend the sessions of the Constitutional Court?
As a rule, the trial shall be public at the Constitutional Court. For the purpose of protection of the private life of the participants in the procedure, 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 taken by the majority vote of all the justices of the Constitutional Court.
When it comes to a session closed to the public the parties to the trial, their representatives may attend them, and if necessary, they can be also attended by witnesses, experts, and translators. At the same time, 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.
What are the party’s rights during the examination of a case at the Constitutional Court?
According to Article 47 of the Constitutional Law on the Constitutional Court:
1. The parties shall have the right to:
(1) acquaint themselves with the materials of the case, take extracts therefrom;
(2) submit materials of significance for disposition of the case;
(3) present their stance in relation to the case;
(4) address questions to the other party, his/her representative, expert, witness;
(5) file motions, make recommendations, file objections.
What are the time frames for delivering the decisions and opinions of the Constitutional Court delivered to the parties of the proceedings?
The decisions and opinions of the Constitutional Court shall, within three days from the day of rendering them, be delivered to the parties of the proceedings.
When do the decisions on the merits of the Constitutional Court enter into force?
The decisions on the merits of the Constitutional Court shall be final and shall enter into force upon publication thereof on the official website of the Constitutional Court.
Where are the decisions of the Constitutional Court published?
The decisions on the merits of the Constitutional Court shall be published on the official website of the Constitutional Court, as well as they shall be published as prescribed by the law for official promulgation of regulatory legal acts and in the Bulletin of the Constitutional Court.
Are the decisions of the Constitutional Court subject to appeal?
The decisions of the Constitutional Court shall be final and shall not be appealed.
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