Problematic draft laws pertaining to overriding public interest

The National Assembly of the RA is currently discussing the new draft law "On Enforcement Proceedings," which introduces new cornerstone regulations in the area of compulsory enforcement of judicial acts. Back in 2022, the LDPF conducted research in this area, revealing the existing problems both at the legislation and law enforcement levels and submitting targetted recommendations. The Foundation discussed the research report with the Ministry of Justice and the Compulsory Enforcement Service. Subsequently, in March 2023, the LDPF was invited to join the Ministry of Justice's working group revising the draft law on enforcement proceedings. The effective collaboration within the group enabled the LDPF to include several key recommendations in the draft law.

Recently, the Government of the Republic of Armenia has fully adopted the LDPF’s recommendations on improving the content of court statistics and has included them in the OGP-Armenia National Action Plan 2022-2024. The changes will allow the public and all interested parties to get a more comprehensive picture of the justice sector and take steps to address the problems outlined.

A group of civil society organizations, the Law Development and Protection Foundation, "Transparency International Anticorruption Centre" NGO, the Democracy Development Foundation, “Helsinki Citizen Assembly” NGO, and the “Protection of Rights without Borders” NGO, have published an expert opinion on the draft law on Military Service and the Status of Servicemen.” The organisations hold that the provisions worsening a Person’s Legal Status should not be retroactive.

The LDPF and partner organizations have published an expert opinion on the draft laws pertaining to overriding public interest. According to the organisations, the draft laws are problematic and concerning given the fact that they are not substantiated, which, in its turn, raises questions about the real purposes of the amendments.

On 19 December 2023, the RA Draft Law on Making Amendments to the Law on Freedom of Information (hereinafter referred to as Draft Law) was submitted for discussion on the e-draft platform, the Unified Website for Publication of Legal Acts’ Drafts. We, the undersigned organizations, assess the Draft Law as highly problematic, taking into consideration the definitions of some regulations therein, which make the Draft Law regressive in comparison with the legislation in force. In the meantime, it is worth noting that the law in force itself is quite incomplete in terms of existing international standards and best practices.

The Ministry of Internal Affairs of Armenia circulated draft laws on Making Amendments to the Code on Administrative Offences of the RA and related laws, including the draft law on Making Amendments to the Law on State Duty on the e-draft platform. The Law Development and Protection Foundation has published an expert opinion on the latter, pointing out the problematic provisions and making respective recommendations. 

On 19 December 2023, the RA Draft Law on Making Amendments to the Law on Freedom of Information (hereinafter referred to as Draft Law) was submitted for discussion on the e-draft platform, the Unified Website for Publication of Legal Acts’ Drafts. The CSOs propose to withdraw from circulation the Draft Law on Making Amendments to the Law on Freedom of Information.

The Law Development and Protection Foundation in cooperation with partner organisations developed two alternative reports and submitted to the UN Committee on Economic, Social, and Cultural Rights. The reports were developed ahead the 74th Session of the Committee. Armenia’s progress pertaining to fulfillment of its obligations under the UN Covenant on Economic, Social, and Cultural Rights were discussed during the Session.