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21 October 2016

YEREVAN INTERNATIONAL CONFERENCE

On October 21, Yerevan International Conference, organized by the RA Constitutional Court and the Venice Commission of the Council of Europe, started its work.
Organizers of the Conference: Constitutional Court of the Republic of Armenia, European Commission for Democracy through Law of the Council of Europe (Venice Commission), Conference of the Constitutional Control Organs of the Countries of New Democracy, Center of the Constitutional Law of the Republic of Armenia.
With the support of the Armenian Office of the German Corporation for International Cooperation (GIZ).
Topics of the Conference:
1. “The role and significance of “Rule of Law checklist”, adopted at the 106th Plenary Session of the Venice Commission, in the process of conducting constitutional monitoring”.
2. “The role of Constitutional Court in overcoming legal gaps and legal uncertainty”.
Initially, the International Conference was provided to hold in Strasbourg, but it was held in Armenia since it was initiated by the Constitutional Court of the Republic of Armenia and the concept was represented by the President of the Constitutional Court of the Republic of Armenia. The composition of the participants of the Conference was quite representative: the issue attracted delegates from thirty countries, as well as the entire administrative board of the Council of Europe. In many countries, where there are many important issues in the aspect of constitutionalism and constitutional crisis, the situation is alarming. Conceptual approaches were put forward to prevent and solve these issues. Concepts of constitutional monitoring were the subject of serious consideration both at the Plenary Session of the Venice Commission and the Scientific Council. Consequently, it was decided to organize an international conference in Yerevan for a serious discussion of this issue.
At the Conference, Mr. G. Harutyunyan, President of the Constitutional Court of the Republic of Armenia had an Opening Speech.
Video addresses were sent from Mr. Thorbjørn Jagland, Secretary General of the Council of Europe and Mr. Guido Raimondi, President of the European Court of Human Rights.
Welcoming speeches were addressed by:
Mr. P. Boillat, Director General at the Directorate General Human Rights and Rule of Law (DGI) of the Council of Europe; Mr. J. Helgesen, Chair of the Scientific Council of the Venice Commission of the Council of Europe, Professor, University of Oslo; Mr. A. Tatoyan, Human Rights Defender of the Republic of Armenia.
On the first day of the session the following topic was put forward: “The role and significance of “Rule of Law Checklist”, adopted at the 106th Plenary Session of the Venice Commission, in the process of conducting constitutional monitoring.”
Session 1 was chaired by Mr. P. Boillat, Director General at the Directorate General Human Rights and Rule of Law (DGI) of the Council of Europe.
First, Mr. G. Harutyunyan, President of the Constitutional Court of the Republic of Armenia made a thematic report titled: “Constitutional Monitoring as Guarantee for overcoming the Deficit of Constitutionalism” (text of the Report made by G. Harutyunyan will be available separately).
Reports were made by:
Mr. J. Helgesen, Chair of the Scientific Council of the Venice Commission of the Council of Europe, Professor, University of Oslo (title of report: “The Principle of Rule of Law – and its Practical Implications”); Ms. A. Nussberger, Judge of the European Court of Human Rights in respect of Germany, Section V President (title of report: “Similarities and Differences – the Model of Separation of Powers in the New Constitution of Armenia and in the German Grundgesetz”); Mr. S. Holovaty, Substitute Member of the Venice Commission in respect of Ukraine (title of report: “The Concept of the Rule of Law: Difficulties of its Perception in the Post-Soviet Legal Culture”).
 
Session 2 was chaired by Mr. G. Harutyunyan, President of the Constitutional Court of the Republic of Armenia.
Reports were made by:
Mr. P. Boillat, Director General at the Directorate General Human Rights and Rule of Law (DGI) of the Council of Europe (title of report: “Realisation of the Rule of Law Concept by the State in its Policy”); Mr. A. Harutyunyan, Judge of the European Court of Human Rights in respect of Armenia (title of report: “The Issues of Constitutionality in the Light of Recent Constitutional Reforms in the Republic of Armenia: the Case Law of the European Court of Human Rights”). Joint report by Ms. E. Siitari and Mr. P. Helander, Justices of the Supreme Administrative Court of Finland was made by Mr. P. Helander (title of report: “The Role and Place of Systematic Constitutional Monitoring in Enhancement of the System of the Constitutional Control and Overcoming of the Deficit of Constitutionalism”). Afterwards, reports were made by Mr. M. Mits, Judge of the European Court of Human Rights in respect of Latvia (title of report: “The Role of the European Court of Human Rights in Strengthening of Constitutional Jurisprudence – Experience of Latvia”) and Mr. H. Sargsyan, Dean of the Faculty of Economics and Management at Yerevan State University (title of report: “Approaches of the Instrumentarium Elaboration and Implementation Methods of Constitutional Diagnosis”).
Session 2 ended with Q/A session and discussion.
After the break the Conference continued its work.
 
Session 3 was chaired by Ms. Angelika Nussberger, Judge of the European Court of Human Rights in respect of Germany.
Reports were made by:
Mr. N. Bondar, Judge of the Constitutional Court of the Russian Federation (title of report: “Legal Gaps as a Category of Constitutional-Legal Defectology: the Methodology of Research of the Judicial Practice of Overcoming”); Mr. M. Jelušić, Judge of the Constitutional Court of Croatia (title of report: “Constitutional Monitoring in Overcoming of the Deficit of Constitutionalism”); Mr. R. Spano, Judge of the European Court of Human Rights in respect of Iceland (title of report: “The Principle of Subsidiarity and Constitutional Traditions in the Member States of the Council of Europe”); Ms. S. Vdovichenko, Judge of the Constitutional Court of Ukraine (title of report: “The Doctrine of Restoration of Force of the Law Norms of Previous Edition in the Activity of the Constitutional Court of Ukraine”).
Sessions of the Conference of 21 October ended with Q/A session and discussion. Reception of the Participants of the Conference on behalf of the President of the Republic of Armenia and the Solemn Ceremony of Establishment of the Foundation “International Public Analytical Center “Constitutional Culture”” are scheduled in the evening.
On October 22, Yerevan International Conference will continue its work.