Draft Law allowing for appeal against decisions of Supreme Judicial Council on subjecting judges to disciplinary liability and on terminating the powers of a judge has been submitted to the rapporteurs of the Venice Commission

Deputy Minister of Justice Arpine Sargsyan and Director of the "Centre for Legislation Development" Foundation Tigran Dadunts participated — via telecommunication — in the discussion organised by the Council of Europe during which the partners of the Council of Europe and the rapporteurs of the European Commission for Democracy through Law of the Council of Europe (the Venice Commission) were introduced to a package that envisages amendments to the Judicial Code and was recently submitted by the Ministry of Justice for public deliberation.

The package envisages a legal opportunity to appeal against decisions of the Supreme Judicial Council on subjecting a judge to disciplinary liability and on terminating the powers of a judge, which derives from the recommendations of the Venice Commission and the recommendations of the Group of States against Corruption (GRECO).

Presenting the main regulations of the draft, Deputy Minister Arpine Sargsyan stated that the regulations provide for a legal opportunity to examine the proceedings for subjecting to disciplinary liability, as well as for terminating the powers of a judge through a small 4-member panel of the Supreme Judicial Council, and in case of appealing against decisions rendered under those proceedings later — to have the decisions be reviewed by a larger panel consisting of 6 members. Moreover, in each new case these panels will be formed by a drawing of lots. Arpine Sargsyan stated that this model was selected by taking into consideration the existing constitutional and legal regulations and that, based on the notion of the authors of the draft, this model is an effective one that will guarantee, within the scope of the existing constitutional and legal regulations, access to justice from the perspective of disciplinary proceedings.

In the second half of the discussion, the representatives of the Council of Europe and the rapporteurs of the Venice Commission addressed questions to the Armenian side and received clarifications regarding the essence of the regulations in the draft and the purposes of envisaging them.

The discussion organised ahead of the regular sitting of the Venice Commission expected to be held in December 2022, during which the Urgent Opinion of the Venice Commission on the considered draft is expected to be received.