Civilnet
On April 2nd, a joint press conference was held by Artsvik Minasyan of the ARF Dashnaktsutyun parliamentary faction, human rights defender Artak Zeilanyan, and lawyer Mary Khachatryan, regarding Armenia’s constitutional court ruling which held that parts of the mandatory pension law were unconstitutional. During the press conference Minasyan stated that the mandatory component of the “Accumulative Pension System” law became inapplicable as soon as the Constitutional Court’s decision was published. “We will make sure no one is subjected to illegitimate coercion contrary to this decision.”
“I advise the government and representatives of the ruling authorities to refrain from one-sided interpretations of the Constitutional Court decision based on their personal interests,” said Minasyan, quoting Article 7.2 of the Court’s decision which states, “Based on the new legal framework set up by this decision and taking into consideration Article 42.4 of the Constitution of the Republic of Armenia, cumulative payments that have already been paid must be accounted for.” According to Minasyan, this accounting will be obligatory.
Minasyan further stated, “One of the most important factors of this decision is that it came into force as soon as it was published. The legal underpinnings of this decision clearly define the rights of the citizenry as the guiding factor. Moreover, the holding clearly states that disproportionate limitations and violations on property rights contradict the Constitution of Armenia.”
Minasyan called on all business owners and their employees to request the cessation of wage deductions if they do not want their money to go into a pension fund - a request which per this court ruling is within their rights.”
Minasyan then directed his words to employers and the government: “Dear employers, you are not obligated to carry out wage deduction and transfers. You have the right to return the amounts already paid in previous months if your employee requests it. We would also like to warn the government and those who have instituted the new system who are holding citizens’ money that if they do not return the amount demanded by the citizen, they may be held accountable based on the Civil Code of the Republic of Armenia - this means being charged with fines and penalties for unjustified enrichment.”
On April 2nd, the Constitutional Court deemed unconstitutional certain provisions of the law on the “Accumulative Pension System.” The National Assembly and the Government of Armenia were given a deadline of September 30, 2014 to change certain provisions of the pension law. Moreover, the court held that all pension payments already paid into the system must be reviewed.
The four parliamentary opposition factions - Prosperous Armenia, Armenian National Congress, ARF Dashnaktsutyun and Heritage - had applied to the Court on December 17, 2013 to challenge the constitutionality of Articles 5, 7, 8, 37, 38, 45, 49 and 86 of the pension law.
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