Statement of the RA NA "I Have Honor" FactionThe agenda of the RA National Assembly sessions starting on February 11 of this year includes the draft law "On the Start of the Process of the Republic of Armenia's Membership in the European Union", which was submitted by the civil initiative.
The procedure for membership in supranational international organizations is regulated in detail by Article 205 of the Constitution of the Republic of Armenia and Article 15 of the Law of the Republic of Armenia “On International Treaties”.
Accordingly, the authority to initiate the process of membership in the European Union, as a supranational international organization, belongs to the Government, and the adoption of the decision to hold a referendum necessary for membership belongs to the National Assembly.
The final decision on membership is made through a referendum, which directly expresses the will of the people of the Republic of Armenia.
The draft law is a legally absurd document, since it does not comply with the requirements of the law and neither adds nor subtracts from the legislative requirements for membership in supranational international organizations. The draft is essentially a declaration, but not a law, since it does not contain binding rules of conduct for any legal entity.
Moreover, the phrase “the Republic of Armenia, expressing the will of the people of the Republic of Armenia” contained in the draft directly contradicts the Constitution. Article 205, Part 1, since the will of the people of the Republic of Armenia regarding membership in the European Union as a supranational international organization can only be expressed directly, through a referendum.
The draft law submitted to the National Assembly, however, is based on the fact that the National Assembly, by adopting a law, can determine that it expresses the will of the people of the Republic of Armenia to join the EU. In connection with the start of the process of joining the EU, the National Assembly can only express its own will, but never the will of the people of the Republic of Armenia. The provision on the start of the process of joining the Republic of Armenia to the European Union does not contain any normative element.
It does not and cannot oblige the government to begin negotiations on membership with the European Union. Such an obligation would contradict the principle of separation of powers enshrined in the Constitution of the Republic of Armenia, since the authority to conclude or not to conclude international treaties belongs exclusively to the executive branch, and the ratification of certain types of international treaties to the National Assembly. Therefore, we emphasize once again that the process itself contradicts the Mother Law. Thus, from a legal point of view, the draft law presented cannot have any legal consequences on the issue of membership or non-membership in the European Union. However, as a political document, it may have irreversible political and economic consequences for the Republic of Armenia, taking into account the membership of the Republic of Armenia in supranational organizations, in particular the Eurasian Economic Union. Taking into account the statements of the partner states, as well as the basic principles of international relations and international law, it becomes obvious that this process endangers free trade with the EAEU markets, which is of vital importance for our economy. This process, which is empty and formal in nature, not only cannot bring any positive results to Armenia, but also threatens to cause serious economic consequences for our country and our citizens. We also consider it important to note that the “draft law” may cause negative geopolitical consequences, taking into account the fact that in the conditions of the turbulence of the modern world order, it is unwise to limit the flexibility of foreign policy at the legislative level.
The administration, which is boasting about the “Crossroads of Peace”, is bringing the Republic of Armenia into a geopolitical deadlock with this initiative.
Let us add that the Republican Party of Armenia has always come up with initiatives aimed at developing close partnership relations with the European Union, as evidenced by the Comprehensive and Enhanced Partnership Agreement (CEPA) signed between Armenia and the European Union, which was signed in 2017 and is still the fundamental document of Armenia-EU relations, which is not practically and fully implemented by the current administration.
From the above, it becomes obvious that this “draft law” is another populist trick of today’s rulers, aimed at creating unfounded expectations.
On the other hand, they are trying to create the illusion that justice, tolerance, and the protection of human rights are their main values, but they are violating and destroying them. The RA NA "I Have Honor" faction voted against
