Pashinyan proposes judicial reforms as part of new constitution

By Nicholas Castillo

Speaking on Thursday, Armenian Prime Minister Nikol Pashinyan proposed a series of judicial reforms, saying such changes would only be possible as part of a new Armenian constitution. 

“It is difficult for me to imagine solving these problems without a new constitution. The new constitution should introduce the institution of trial by jury,” the Prime Minister told reporters, arguing that the current constitution provides excessive protections to Armenia’s judges. 

“The judiciary is the least developed of our institutions because the [2018 Velvet Revolution] had the least impact there, including due to constitutional constraints,” Pashinyan argued. 

He additionally proposed that the judiciary should undergo a comprehensive vetting process, during which all Armenian judges should be given the status of acting judges. 

“Those who fail the integrity screening simply should not be reappointed,” Pashinyan said.

This is not the first time Pashinyan has advocated the introduction of trial by jury to replace Armenia’s current system, in which criminal cases are decided by a single judge. In January, Pashinyan raised the issue of judicial reforms during a press conference, including the need to introduce juries.

The most recent remarks follow the Prime Minister’s comments on the lack of progress on anti-corruption reforms. 

During a July 1 event, Pashinyan argued that justice in Armenia was “only available to those who have money, connections, or influence that remains out of public view.”

While Baku has demanded a new constitution as part of the Armenia-Azerbaijan normalization process, government officials have argued a new constitution will provide a broad swath of reforms and reset citizen-state relations. 

Complicating any effort to introduce a new constitution, the governing Civil Contract party failed to secure a two-thirds super majority in June’s parliamentary elections, meaning they will not be able to hold a constitutional referendum simply by parliamentary decision. 

More broadly, after having long advocated judicial independence, some have criticized Pashinyan’s government for what they view as overreach. 

In 2019, following a decision to release former President Robert Kocharyan on bail, Pashinyan urged his supporters to obstruct the courthouse to prevent Kocharyan’s release. November 2024 saw the resignation of Karen Andreasyan, Chairman of the Supreme Judicial Council, at Pashinyan’s request.

Some have accused the Prime Minister of installing loyalists in powerful judicial positions, including Vladimir Vardanyan and Artak Zeynalyan, former allies or members of the Civil Contract party.

Recent challenges to June’s electoral outcome have seen two judges on the Constitutional Court recused from the case due to their ties to the government.