Friday, 27 01 2023
Friday, 27 01 2023
Today we are witnessing a severe humanitarian crisis in Nagorno Karabakh; Armen Gevorgyan
We fully understand the seriousness of the situation. The Venice Commission on the Blockade of the Lachin Corridor
The first session of the dialogue between Armenia and the European Union on political and security issues was held
Energy security will be increased through investments
Nikol Pashinyan congratulated the Prime Minister of New Zealand on taking office
The first domestically produced drones were tested in Georgia
Lars is open to all vehicles
Australian Open Championship; Karen Khachanov loses to Tsitsipas in the semi-finals
Three more patients from Artsakh were transferred to Armenia
“Real” wins another dramatic game to advance to the semi-finals of the Spanish Cup
Nuland announced the conditions for canceling sanctions against Russia
The newly appointed US ambassador was sworn in
The PACE Bureau will discuss the preparation of a report on the Lachin blockade
The USA is not in favor of the statement of November 9, 2020, signed with the mediation of the Russian Federation. Deputy Speaker of the State Department
Weather without precipitation is expected
The first photos of the Coca-Cola smartphone have appeared on the Internet
The Netherlands supports the rule of law in Armenia
“The EU should intensify its efforts in the South Caucasus,” Member of the Bundestag
“120 thousand people are waiting for the reaction of the international community,” Vladimir Vardanyan
An iceberg the size of London broke off in Antarctica
The Ministry of Foreign Affairs emphasized cooperation with Germany
Where in Europe do most people over 100 live?
“The humanitarian situation in Nagorno-Karabakh is a reason for growing concern,” Prime Minister of Iceland
The Russian Federation notes that Yerevan preferred the EU and not the CSTO
The latest developments in the process of regulating RA-Azerbaijan relations were discussed
Zelensky revealed what weapons are needed to defeat Russia
“I don’t think EU observers will be a serious obstacle for Azerbaijan,” Armen Baghdasaryan
Deporting Karabakh Armenians from their homes is not the only goal of Azerbaijan; prime minister
The arbitration tribunal rejected the request to confiscate about 331 million US dollars presented against the Republic of Armenia
Polytechnic students will now learn programming with 200 new computers; Tigran Avinyan

Joining the Customs Union itself does not violate the Constitution

1-st News has interviewed Vanik Margaryan, Chief legal adviser of “AM” law firm.

“Mr. Margaryan the Customs Union initiated by Russia provides for unified customs tariffs and procedures in respect of third countries. That is, in case if we join the Customs Union we will lose the opportunity for independently defining the regulation of the trade terms with countries outside that union. Doesn’t this contradict with our constitution?”

“I would firstly like to note that the package of the documents in regard to Armenia’s membership is not available yet so it is not possible to make definitive conclusions. However, while drawing parallels with the European Union, for instance with the experience of France and Germany we see that they have special constitutional regulations regarding European Union. This makes the execution of certain authorities by a supranational body possible. Our Constitution has no such provisions and therefore no supranational body can directly set any mandatory regulations, including customs regulations. So in this sense a controversy with our Constitution may occur.

However, the situation is different when all those regulations are not determined as mandatory by a supranational body but instead confirmed by a conclusion of an international treaty. According to RA Constitution international treaties are the integral part of the legal system of Armenia. As much as I am aware all of the rates, standardization of customs declaration and customs regimes within the Customs Union are to be established through confirmation by the international treaties. Hence, joining the Customs union itself does not contradict with the Constitution. In case any agreement concluded within the Customs Union conflicts with the Constitution, a decision of the Constitutional court shall be adopted and such agreements will not be ratified in our country.”

“In general how does the transferring of some rights to supranational bodies threaten the sovereignty of the states?”

“I am far from the idea that France or Germany has lost sovereignty by transferring certain rights to a supranational body -the European Union. When a state decides to join such a union it is an expression of sovereignty as well. However, such questions should have constitutional regulations and shall not be in controversy with the Constitution since our Constitution sets that the international treaties contradicting with the Constitution cannot be ratified.”

“In case if Armenia sets unified customs tariffs for third countries what opportunities will Republic of Nagorno-Karabakh have? Will Armenia have to raise the customs tariffs for goods imported from NKR or will the territory of NKR be also included in the Customs Union?

As we know, The Republic of Artsakh has declared independence. I’m proponent of the idea that in international law the state, as an entity, can be formed regardless of its recognition. Namely, a state is formed, proclaimed, established and is recognized based on the latters. In such conditions membership of Armenia to the Customs Union cannot itself  cover Artsakh since such a decision can only be made by the Republic of Artsakh itself. As a solution Armenia can make a reservation to international treaties. That is, a clause can be included in the treaty stating that customs regulations set by the treaties shall not apply to Artsakh. In any case raising issue of Artaskh within Customs Union can also be useful in a sense that Artaskh will be once more considered as a subject in an international platform. I believe that the best version would be if Artsakh joined the Customs Union separately from Armenia. This will directly be considered as recognition of a state and will testify the sovereignty of Artsakh.

Արթուր Աղաբեկյան
Արթուր Աղաբեկյան
Դավիթ Գրիգորյան
Դավիթ Գրիգորյան