The opposition “With Honor” Faction of the Republic of Armenia National Assembly (RA NA) will vote against the initiative to start the process of Armenia’s accession to the EU. This is noted in the statement released by the faction.
The statement reads as follows:
“The RA National Assembly’s agenda for the sessions starting on February 11 of this year includes the draft law ‘On the launch of the process of Armenia’s accession to the European Union,’ which was submitted by a civic initiative. The procedure for [Armenia’s] membership in supranational international organizations is regulated in detail by Article 205 of the RA Constitution and Article 15 of the RA Law ‘On International Treaties.’
Accordingly, the authority to initiate the process of [Armenia’s] 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—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 [respective] draft law is an absurd document in the legal sense, 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 Section 1 of Article 205 of the Constitution, since the will of the people of the Republic of Armenia on 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, proceeds from the fact that the National Assembly, by adopting a law, can establish that thereby 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 membership of the Republic of Armenia in the European Union does not contain any normative element in it. It does not and cannot obligate the government to start negotiations on membership with the European Union. Such an obligation would contradict the principle of separation of powers enshrined in the RA Constitution, since the authority to conclude or not to conclude international treaties belongs exclusively to the executive branch, while 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 [i.e. the Constitution].
Thus, in the legal sense, the draft law presented cannot have any legal consequences in the matter of membership or non-membership in the European Union. However, as a political document, it can 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 the free trade being carried out 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 consider it important to also note that the ‘draft law’ can have 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 talking about the “Crossroads of Peace [project],” is bringing the Republic of Armenia into a geopolitical deadlock with this initiative.
Let us add that the [former ruling] 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 the RA-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, which is aimed at creating unfounded expectations. On the other hand, they are attempting to create the illusion that justice, tolerance, and the protection of human rights are their main values, but they trample and destroy them.
The RA NA ‘With Honor’ faction will vote against this initiative, which contains tangible and real dangers for our country.”