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Within the frames of the chairmanship of the Republic of Armenia at the Committee of Ministers of the Council of Europe on July 3 in the Session Hall of the RA National Assembly the Pan-European Conference "The European Standards of Rule of Law and the Scope of Discretion of Powers in the member states of the Council of Europe” began its work. About 80 representatives from 32 countries and international structures took part in the conference.

The RA NA President HovikAbrahamyan had an opening word:

“Dear Mr. Dean Spielmann, President of the European Court of Human Rights,

Dear Mr. Gianni Buquicchio , President of the Venice Commission,

Distinguished Chairmen of Constitutional courts,

Dear participants of the conference,

Ladies and gentlemen,

May I welcome you in the National Assembly of the Republic of Armenia. We are very happy to host the Pan-European conference on “The European Legal Standards of Rule of Law and the Scope of Discretion of Powers in the Member States of the Council of Europe” in the Armenian parliament, in Yerevan.

Holding of this event is symbolic not only in the sense that it is taking place in the frames of the Armenian chairmanship of the Committee of Ministers, but also attests to Armenia’s commitment to European values and readiness to closely integrate in the big European family.

Dear Friends,

As you might be aware, in two days Armenia will be celebrating Constitution Day. I would like to seize this opportunity and congratulate us all on the upcoming national event. Being a young democracy, Armenia has rich traditions of constitutional principles – with a successful combination of legal norms and our national value system. In particular, this year we mark the 240^th anniversary of the 18^th century outstanding Armenian public figure ShahamirShahamirian’s work “VorogaytParats” (Snare of Glory). This work, published in 1773 in Madras, India, actually defined the model of a contemporary democracy and, in fact, presented itself a constitution, inter alia, with a rather advanced European mentality.

Dear Friends, ladies and gentlemen

The fact that high-level delegations from over 30 Council of Europe member states are invited and attend the Yerevan conference on behalf of parliaments, constitutional courts and judicial instances of general jurisdiction, as well as Justice ministries, representatives of human rights defenders’ offices attests to the topicality of the subject matter of the conference and to the urgency of different issues and problems placed on the agenda.

I wish to particularly mention that the European Court of Human Rights and the Venice Commission attach great importance to the subject matter of the Yerevan conference. Through debates, assessments and recommendations the conference is a real opportunity to make the rule of law more and more accessible not only to the direct actors in Europe, but also to those states and authorities of our region, who, I believe, have serious work ahead of them in this area. Each and every of you has a possibility to objectively assess the situation in conformity with the European standards and from the angle of discretion of powers.

Dear Colleagues, 

The theme of the conference is topical for many Council of Europe states, and not only for them. I believe that in this format of direct and multilateral discussion deep and interesting debates will take place.

I wish successful proceedings to this Pan-European conference and I hope that you will also have an opportunity to get a better knowledge of our ancient country."

The RA Foreign Minister Edward Nalbandian had a welcoming speech. He noted that after joining the Council of Europe for the first time on May 16, 2013 Armenia assumed the chairmanship of the Committee of Ministers. He deemed this to be an important mission as an additional opportunity for Armenia to make its contribution to the united efforts of the member states of the Council of Europe aimed at the development of democracy. In Edward Nalbandian’s word, the priorities of the chairmanship of Armenia in the Committee of Ministers of the Council of Europe are based on the main pillars of the organization, among which he distinguished the fighting against racism in Europe and xenophobia, the encouraging of inter-cultural and inter-religious dialogue, the reinforcement of human rights and the European standards of the rule of law, and the boosting of democratic societies. He has stressed that the chairmanship of Armenia also highlights all the endeavours, which are aimed at rise of efficiency of the European Court of Human Rights, reforms of the Council of Europe, strengthening of the organization rolein the European common architecture, the development of the dialogue with the neighbouring regions of the Council of Europe. According to him, the efficiency of the organization activity and its reliability greatly depend to what extent the member countries are united andindividuallyadhered to democracy, rule of law and strengthening of human rights and advancing their commitment.

By Edward Nalbandian’s assessment, the works of the conference can boost law improving and its use in the European continent and in this process the Committee of Ministers and the Parliamentary Assembly, as well as the European Court of Human Rights and the Venice Commission can have their contribution.

The RA President’s Chief of Staff Vigen Sargsyan presented to the Assembly the RA President Serzh Sargsyan’s welcoming word.

Distinguished Chairman of the European Court of Human Rights,

Distinguished Chairman of the Venice Commission of the Council of Europe,

Dear Participants of the Conference,

Dear Guests,

Ladies and Gentlemen,

We have initiated this conference in the framework of Armenia’s presidency at the Council of Europe, particularly recognizing the importance of the problems which these days will become the topic of interested discussions by all participants of the Conference.

It is a great honor and responsibility for our country and authorities to assume presidency of the Council of Europe. We will strive to fill these six months with the initiatives which will give a new impetus to the further development and strengthening of the European system of values, infallible adherence to the principle of rule of law.

It was the inevitable logic of democratic developments that securing rule of law in the European legal system should become a keystone value. Article 3 of the Statute of the European Council signed on May 5, 1949 in London stipulates explicitly that every member of the Council of Europe must accept the principle of supremacy of law. This approach had also given a new quality to the future progression of international relations, placing in the foundation of these relations a clear-cut guideline according to which a human being, his dignity, basic rights and freedoms are supreme values. State, in its turn, is constrained by the individuals’ and citizens’ basic rights and freedoms which have become acting laws. These are provisions which are secured in the Constitution of our country as the constitutional base; they define the conduct of the individuals and state authorities in building legal state and civil society.

I am confident that in all democratic countries, on the constitutional level the principle of rule of law is secured in some way. However, the main task is to bring it to life, to make limitation of power through the law a rule of life.

Particularly in case of the newly democratic states, it requires a coordinated and persistent work. It requires the existence of an independent judicial system and execution of impartial justice.

In this area, our country has entered a new stage of reforms and has been implementing persistently programs which have great prospects for future. In the center of all these programs is the individual, guarantee of his rights and freedoms, creation in the country of the atmosphere where tolerance, pluralism, non-discrimination, and mutual trust are paramount.

I am also confident that this exceptional Conference, dedicated to the European standards of rule of law and the scope of discretion of powers will make a lasting contribution to mastering challenges existing in our country and other countries of the EC member states, for a more efficient guarantee, ensuring and protection of human rights.

I once again salute the participants of the Conference and wish productive and efficient work.”

The President of the European Court of Human Rights Dean Spielmann and the President of the CoE Venice Commission Gianni Buquicchio addressed the participants with their welcoming speeches.

Dean Spielmann highlighted the organization of the Assembly at the Committee of Ministers of the Council of Europe and expressed hope that the discussions connected with the principles of the rule of law and their use in the CoE member states will be efficient. The President of the European Court of Human Rights particularly touched upon the European legal standards, and highlighted control of laws by the courts, creation of the effective system of maintaining constitutional norms, cooperation with different bodies of the power in this issue, and the provision of checks and balances of different wings. He also touched upon the necessity of adherently following respect of the member states and its norms towards the rights and guarantees affirmed in the European Convention of Human Rights, as well as the ratification of some protocols of the Convention.

The President of the CoE Venice Commission Gianni Buquicchio deemed topical and important the theme of the discussion of the conference and the affirmation of the standards of the rule of law in the legislations of the member countries. According to him, conditioned by new challenges and the changes taking place in different spheres of public life, laws need to be continuously revised, which certainly should serve for effective protection of human rights and complete settlement of the spheres of its activity. Law should be equally accessible and usable for everybody. The President of the Venice Commissiondeemed the role of the parliaments crucial in addressing the law making activity, conditioning the efficiency of their work by independent activity. He deemed the rule of lawto be an important basis of balance of power wings, cooperation, social behavior of the power and individual in a legal state, and the provision of constitutional guarantees to be the first obligation of every country.

Within the framework of the theme “Principle of Rule of Law as Axiological Ground for the Social Behavior of the Authorities and an Individual in a Legal State: Constitutional Guarantees in Different Countries” the President of the RA Constitutional Court Gagik Harutyunyan delivered a speech on the theme “Position and Role of Rule of Law in Human and Citizen’s Behavior”

Welcoming the attendees the CC President deemed important the holding of the Assembly for the countries which had newly adopted the path of democracy, where, according to him, there is a confusion of political, state and public perceptions. According to the CC President, the comprehensive study of the international experience has shown that in any country success of the establishment of a democratic state, first of all, is conditioned by making adequate sense of the principle of rule of law, affirmation by constitution, guaranteeing by law and by the degree of rooting themin the public way of thinking and in their work style.

Gagik Harutyunyan has noticed that though the rule of law is the cornerstone of the state, nevertheless it is limited by the inalienable human rights, which has become a key constitutional norm for many countries.

The President of the Constitutional Court of Hungary PetrPaczolay delivered a speech “Constitutional Reform in Hungary: European Commitment and National Sovereignty.”He presented to the participants of the Assembly the process of amendments of the Constitution of Hungary, its principles, the compliance of the decisions adopted by the Hungarian courts with the constitutional norms, the decisions made by the European Court, etc.

The report made by the judge of the European Court of Human Rights Alvina Gyulumyan “Positive Obligations of States” was relating to the problems of protection of human rights in different countries and the policy pursued by the authorities in that issue, which not always result in human rights and protection of life and health. Mrs Gyulumyan has underlined that the authorities of the states should more focus on this issue.

Then the Member of the Constitutional Court of Portugal Maria Jose Rangel de Mesquita gave a speech “Ensuring the Rule of Law and Legislator’s Margin of Appreciation: Examples of Implementation in the Portuguese Legal Order.” Mrs de Mesquita touched upon the constitutional norms and principles, issues of protection of human rights of Portugal and has noted that in her country a mechanism has been prescribed by law, which gives an opportunity to find the judicial mistakes and review adopted decisions, make another decision. According to her, it gives an opportunity to restore violated human rights.

At the second session of the Assembly thematic speeches sounded on the theme “Principle of Rule of Law as Criteria of Determination of the Scope of the Discretion of the Legislative and Executive Powers: Experience of Different States.”

The Member of the Constitutional Court of Bulgaria Boris Velchev presented the “The Bulgarian Electoral Legislation and Standards of Legality Laid Down in the Code of Good Practice in Electoral Matters Adopted by the Venice Commission.” According to the speaker, in case of revealing rough violations of norms of electoral right the Constitutional Court of Bulgaria can recognize the elections invalid and announce holding of new elections.

The judge of the Constitutional Court of Ukraine Oleg Sergeichuk delivered a speech “The Principle of Rule of Law as the Criteria of Determination of the Scope of the Legislative Discretion: Ukrainian Experience.”

Then the Member Constitutional Court of Kazakhstan Ilyas Bahtybaev gave a speech. He touched upon the use of the norms of the international law in the national legislation of Kazakhstan.

The Assembly will continue its work on July 4 at 9:30 a.m.