The current National Assembly was elected on July 5, 1995, in the first Parliamentary elections in the Republic of Armenia since the re-establishment of independence. A Referendum on a new Constitution, also the first since independence, passed on the same day.
Background
After five hundred years without national sovereignty, the first independent Republic of Armenia was established in the immediate aftermath of World War I and the Armenian Genocide and existed for only two and one half years between 1918 and 1920. Although it faced insurmountable obstacles, its Parliament was based on democratic values and, for example, had female representatives even while women in the more developed democracies of the western nations were still struggling for the right to suffrage.
Prior to the current National Assembly, the most recent Parliament was elected in 1990 and first convened on July 20th of that year while Armenia was still a member republic of the Soviet Union. The Supreme Soviet of 1990-1995 was elected during a period of intense political change and Parliament took many bold measures, even while under Soviet rule, toward democracy and full political participation both in the work of the legislative branch and in governing structures throughout the nation. Even during 1990, there were already two political parties represented in Parliament’s 260 seats -- the popularly based Armenian National Movement and the Communists. By 1995, representatives of eighteen political parties and organizations held seats in Parliament. Perhaps one of the most important decisions took place a year before the break-up of the Soviet Union could even be imagined when on August 23, 1990, the Armenian Supreme Soviet adopted the nation’s "Declaration of Independence."
The free and independent Republic of Armenia was established in a national referendum on September 21, 1991. During the following month, the first Presidential elections were held thus separating two important branches of government, the executive and the legislative.
Structure of the National Assembly
The new Constitution provides for a 131-member National Assembly (NA), with a legislative rather than representative function. Articles regarding a "transition period" permitted the one-time only creation of a 190-member body, which will end with the May 1999 elections. In the current NA, 150 of the 190 members were elected to district-wide seats and forty were elected by separate ballot to nation-wide seats proportionately by party list. Only those political parties, blocs, and socio-political organizations meeting a five-percent threshold on the proportional ballot may form corresponding factions in the NA. In addition, a minimum of at least fifteen non-faction Members may form Parliamentary groups.
Citizens who are at least twenty-five years of age, who have had the right to vote and who have resided permanently in the Republic for the preceding five years can run for seats in the National Assembly. The requirement that NA Members not hold any other government post or any other paid position outside of scientific, educational, and artistic work will go into full effect with the May 1999 elections. NA Members are elected for a period of four years and the Constitution clearly states that Members are not bound by imperative mandates and are to be guided by their "conscience and convictions." NA Members enjoy political immunity and can not be arrested and subjected to administrative or criminal liability without the agreement of the NA.
The National Assembly is headed by an elected Chairman and two elected Vice Chairmen. The Chairman is elected by a simple majority of votes of the overall total number of NA Members and conducts NA meetings, administers its material and financial resources, and provides for its normal functioning. The Constitution stipulates that the NA will have six standing committees and that it can create temporary committees as needed to discuss draft laws and to present selected findings and reports to the NA. The By-laws of the NA established the following committees: Foreign Relations (maximum 24 members); Science, Education, Culture, and Youth Issues (24); Defense, National Security, and Internal Affairs (24); State and Legal Issues (48); Social, Health, and Environmental Protection Issues (24) and; Finance-Loan, Budget, and Economic Affairs (48). Committee membership is voluntary and is made up of both full-time and part-time members with full-time membership limited to one standing committee; factions and socio-political organizations have the right to one seat in each of the committees. Each committee is headed by a Chairman elected by the NA and a Vice Chairman elected by the committee. Committees may create their own subcommittees.
The National Assembly holds two regular sessions from the second Monday in September through the second Wednesday in December and from the first Monday in February through the second Wednesday in June. Meetings of the NA, which are open and can be closed only by vote, are held every other week from Monday through Wednesday with meetings beginning at 10:00 a.m. and at 2:30 p.m. on Mondays. Besides these two regular sessions, special sessions can be called by 1) the President of the Republic upon the initiative of the Government or the initiative of at least one-third of the overall total number of NA Members and 2) at the request of the simple majority of the overall total number of NA Members. Special sessions can not be held for more than six days. Special meetings can be called while the NA is in session or during recess at the initiative of the Government or by at least one-third of the overall total number of NA Members.
Upon consultations with the NA Chairman and the Prime Minister, the President of the Republic can dissolve the National Assembly and designate special elections. The President may not dissolve the NA during the last six months of his/her term and can not dissolve a newly elected NA for one year. The President can not dissolve the NA during a period of military crisis or emergency situation or when an issue regarding the President’s removal from office has been raised by the NA. Special National Assembly elections take place no earlier than thirty days and no latter than forty days after such a dissolution.
Overall Powers of the National Assembly
The main power of the National Assembly is the legislative initiative. The NA also has the power to pass or reject legislative drafts presented by the Government and to initiate referenda on amendments to the Constitution or on laws for public approval. However, there have been no referenda in Armenia since the July 5, 1995, adoption of the Constitution. In addition, the NA may adopt resolutions regarding its Constitutionally enumerated powers and regarding its own activities if they do not contradict standing laws, and such resolutions are signed and published by the NA Chairman.
The oversight functions of the National Assembly are: 1) overseeing the implementation of the State Budget; 2) overseeing the use of loans and credits provided by foreign states or international organizations; 3) posing inquiries to the government, and; 4) calling on representatives of Government to report to committee meetings. In addition, the Constitution allows the NA to give up some of its oversight powers by empowering the Government to adopt resolutions with the force of law to operate for a period stipulated by the NA, if such resolutions do not contradict standing laws.
The ratification and certification powers of the National Assembly are: 1) certifying the annual State Budget; 2) certifying the administrative territorial division of the Republic; 3) confirming Presidential declarations of amnesty; 4) ratifying and annulling certain international agreements as fixed by law; 5) accepting proposals for referenda proposed by the Government, and; 6) confirming declarations of war presented by the President.
The confirmation and appointment powers of the National Assembly are: 1) confirming the President’s nominations for the President and Vice President of the Central Bank; 2) appointing the President of the Oversight Chamber; 3) appointing five of the nine members of the Constitutional Court; 4) designating the Chairman of the Constitutional Court; 5) accepting the resignation of the President; 6) adopting a decision by the Government and Constitutional Court on the President’s inability to perform his/her powers; 7) initiating Presidential impeachment proceedings, and; 8) terminating the powers or permitting the arrest of the five members of the Constitutional Court that it appoints.
Powers of the National Assembly regarding adoption of the Government’s work plan, its right to vote on no confidence in the Government, the budget adoption process, and its ability to appeal to the Constitutional Court deserve special attention.
Government Work Plan and No Confidence: Within a twenty-day period following the election of a new National Assembly or the formation of a new Government, the Government must present its program, including cabinet appointments, to the NA for approval and place before it the issue of confidence in the Government. If in no sooner than forty-eight hours and no later than seventy-two hours the NA does not prepare a draft resolution expressing no confidence in the Government or if such a resolution fails, the Government program is considered approved. If a resolution expressing no confidence is passed by the National Assembly, the Prime Minister offers the resignation of the Government to the President. There are two additional instances when the Government can raise a motion of no confidence before the NA and these are during the approval of laws and the adoption of the annual budget; however Government motions of confidence regarding draft laws are restricted to two per parliamentary session. In addition, the National Assembly may raise the issue of no confidence by legislative process or by special petition, except during military or emergency situations. Each Member may join a petition raising the issue of no confidence once per session; that is, the NA is limited to raising a motion of no confidence via petition twice per session.
Budget Adoption Process: The Government must present the national budget to the National Assembly annually at least sixty days prior to the beginning of the fiscal year and can request a vote on the floor within that period on the version which it approves. Discussion of the draft budget begins in NA Committees and joint Committee meetings. The draft is also made available to all NA Members and the NA Oversight Chamber. The Government receives and considers proposals regarding changes to the draft budget from both Members and Committees. After floor debate on the draft budget, the NA Chairman announces a minimum forty-eight hour recess and within the first twenty-four hours Members, the Oversight Chamber, and Committees can send new proposals for changes to the Government. During this process, the Government can bring to the floor the question of the NA’s confidence in it, and if a no confidence motion does not pass the Government’s proposed budget is considered adopted. If a no confidence vote passes in the NA, then a new Government must be formed with a new draft budget presented to the NA within twenty days. If the annual draft budget is not adopted and a no confidence motion is not brought to the floor, the Government presents the budget of the current year in January and if during the first three months of the year it is not passed by the NA, it is considered adopted.
Appeals to the Constitutional Court: The National Assembly may forward cases to the Constitutional Court with a vote of one-third of its Members for the following purposes: 1) issues regarding the conformity of laws and resolutions to the Constitution; 2) disputes relating to referenda and election results and obstacles facing candidates for the Presidency of the Republic; 3) requests for decisions on the use of armed forces, the declaration of military situations, and immediate dangers that threaten the Constitutional order; 4) requests for findings on the termination of a Constitutional Court member’s powers, arrest, and administrative or criminal liability, and; 5) cases regarding the prohibition of the activity of political parties.
Legislative Processes
There are two paths for the adoption of legislation in the National Assembly, NA initiative and Government initiative. A quorum exists if half of the overall total Members of the NA are present on the floor. Decisions and votes on draft laws generally are made by a simple majority of the Members present on the floor, provided at least half of the overall total Members of the NA have participated in the vote. However, a required simple majority vote of the overall total number of NA Members is necessary for such votes as the election of the NA Chairman, votes of no confidence in the Government, the overriding of Presidential proposals to draft laws, the recall of a member of the Constitutional Court, and votes on requests for referenda.
The procedures for debate are outlined in the By-laws of the National Assembly. All draft laws must be presented formally to the floor for debate by either an NA Committee or by a Government representative. In most cases, presentations are followed by a question and answer period and speeches by Members and factions and socio-political organizations represented in the NA, with final closing remarks by the person making the presentation. The Government may also speak on any draft law during debate.
National Assembly Initiatives: Agendas are voted on at the beginning of each session, or twice a year, and may be amended by vote at any time. When a legislative draft is initiated by NA Members it is sent to the NA Chairman who forwards it to the Government and all Committees and designates the Committee that is to consider the draft law. Committees may also initiate legislation. The Government provides its conclusions on the draft law along with a statement about its impact on the Budget. If the draft law is signed by one-third of the overall total Members, then it automatically is included on the NA’s Agenda. The designated Committee has one month to make a positive or negative finding on the draft law, with positive findings taking priority on the agenda. All drafts of legislation then must be debated on the floor in at least two readings. The first reading usually presents the general principles of the draft law with opportunities for open debate and can involve more than one draft version of the same agenda item. Draft laws can pass with provisions for changes to be debated in Committee and/or during the second reading. Draft laws that do not pass in the first reading are passed back to Committee. After the first reading passes, all NA Members and Committees may forward to the Committee written proposals regarding the draft law for debate in Committee before the second reading. The second reading begins no later than one month after the first reading has passed and each amendment to the draft law is discussed and voted on individually before the entire law is voted upon. If the draft law reduces state receipts or increases state expenditures, it must include the Government’s findings and it requires a simple majority of the overall total number of NA Members for passage. Although rare, a third reading can be proposed by a simple majority of the overall total number of NA Members.
Government Initiative: The Government sends drafts of legislation to the NA Chairman and within two days the Chairman forwards it to all Committees and designates the Committee that is to consider the draft. The Committee has one month to make a decision in favor or against the draft law; if the Government designates the draft law as being urgent, the Committee must make its decision within two weeks. The Committee returns the draft law to the NA Chairman and the Chairman presents the draft law to the National Assembly for debate on inclusion in the NA Agenda. The Government can establish the procedure for the debate on draft laws it initiates and can demand that only the changes upon which the Government agrees be voted upon. During this process, the Government can raise a motion of no confidence. If no confidence fails, the draft is considered adopted by the National Assembly. Bills which the Government considers urgent must be brought to the NA floor for debate and vote within one month.
Presidential Participation: The President has twenty-one days in which to sign and publish a draft law passed by the National Assembly, upon which it immediately becomes a law; laws go into effect only when they are signed and published. However, the President may also return the draft law to the National Assembly within the twenty-one day period and demand a new debate. Debate and voting take place only on those portions of the draft law indicated for change by the President. The NA can accept or reject any or all of the President’s suggestions and objections, and if the draft law passes the NA on this round, the President must sign and publish it within five days.
Adapted from:
Lucig H. Danielian, "The National Assembly of the Republic of Armenia," CPA’s 1996 Guide to the National Assembly of the Republic of Armenia, The Center for Policy Analysis, American University of Armenia (Yerevan, Armenia: AUA Publications), 1996.