Comprehensive judiciary reform launched in Armenia

The Council of Europe project ''Support to the judicial reform – enhancing the independence and professionalism of the judiciary in Armenia'' started in 2019. With the overall objective to further promote judicial independence, the effectiveness of legal proceedings and access to justice in Armenia, the project's main goals are to develop and revise national legislation on the judiciary in line with Council of Europe standards, to promote the transparency and efficiency of the work of the Judicial Self-governing Bodies, namely the Supreme Judicial Council and the General Assembly of Judges, to enhance equal access to justice and improve legal certainty, as well as to increase the practical application of the Alternative Dispute Resolution methods – the arbitration and the mediation in Armenia.

A comprehensive judiciary reform strategy was launched in October 2019, said Deputy Minister of Justice of Armenia Kristine Grigoryan. The strategy touches upon the main pillars: the independence of the judiciary, integrity, professionalism and efficiency. Moreover, the strategy envisaged the development of the chamber of advocates, particularly, related to the enhancement of the access to justice.

She told also, that a draft of the amendments to the judicial code was launched in 2019 in order to enhance the recruitment process and to improve the “integrity checking mechanisms”, which will require the candidates claiming certain positions, including judges, will undergo through the mechanism of declarations analysis, additionally a person’s property will be checked. “The mechanisms were developed taking into consideration the Joint Opinion of the Venice Commission and the Directorate of Human Rights of the Directorate General of Human Rights and Rule of Law of the Council of Europe with a view to not authorise encroachment on judicial independence”.

“We consulted the Venice Commission and also the Group of States against Corruption (GRECO) as it touches upon anticorruption aspects of the judiciary as well”, said Grigoryan. She added that amendments to the Judicial Code were ultimately adopted in spring, 2020, and consultations were launched with the Council of Europe.

Alternative Dispute Resolution mechanisms to provide with better options to access to justice

Moreover, the judiciary reform strategy also focused on the development of arbitration and mediation within the Alternative Dispute Resolution (ADR) mechanisms. The main goal of the ADR is to enhance access to justice through development of different types of dispute resolution mechanisms of legal aid.

According to Grigoryan, the Ministry of Justice is working with Council of Europe experts, who are particularly aware of the context and post-soviet attitudes of the public towards the judiciary to help create new opportunities and establish the sphere. “Thus, although the mediation law was in place since 2015, the level of application and awareness was not satisfactory”, she said. “In terms of family and labor matters, during the divorce process, for instance, there should be mandatory mediation, for example, for a two-month period. The new mechanism will provide more advantages for the citizens to protect their rights”.

As to development of arbitration, Grigoryan said: “A lot of businesses are suffering in Armenia with up to sometimes four yearlong court proceedings. The arbitration in certain cases is an excellent choice for businesses, as they cannot afford the ‘luxury’ of suspension of business activities”.

In this respect, speaking about the developments of compulsory enforcement of legal acts, Grigoryan told that the situation when the court adopted the decision, but it could not be implemented and enforced over around three years, was the case in Armenia and this ruins all the concept of justice. “Identification of some of the deficiencies that exist in the current system helped to develop a concept how to outsource and simplify procedures with clear recognition of gaps and challenges to further amend the legislation”, she said. In addition, Grigoryan noted that the strategy also cornerstones the increase of the efficiency of judiciary tools by developing e-justice tools. Particularly, this concerns the enhancing and simplifying of procedures, using technologies in the courts with the objective to have paperless procedures.

Evaluation methodology for judges to ensure the continuous career growth and overall improvement of the system

“The methodology of the performance evaluation of judges was developed by the Supreme Judicial Council (SJC) and applied since September 2020”, said Ani Mkhitaryan, the member of the SJC, who was curating the methodology development process.

She underlined the significant contribution of the Council of Europe experts and the overall technical support of the project to develop the system. “We hold lots of joint discussions, and as a result we adopted the package of reforms, and identified the directions for the assessment to reveal the professionalism level”, said Mkhitaryan. She also underlined the benefits of the co-operation with the Council of Europe and the need to continue this co-operation to improve the system.

She noted that now on, a judge should be evaluated every four years, and if needed will undergo the training.

“Ultimately, it will serve for future career growth of judges and will overall help identify the issues to further modify the judicial system”, said Mkhitaryan. She added that the engagement with the Council of Europe experts ensures that the document is compliant with Council of Europe standards.

Moreover, with the support of the Council of Europe, the Ministry of Justice and the Supreme Judicial Council have developed internal working disciplinary rules for the judges.

The process will be finalised by the SJC in September 2020.The rules will serve as the Code of Conduct for the judges. “These are a mix of already existing rules related to canons of conduct, including ethical norms, dress-code, communication at work, that all judges must obey”, said Mkhitaryan. She added that the Code of Conduct is a sensitive issue, and a balance should be maintained to ensure the Government is not encroaching on the work of a judge. The Council’s member emphasised that the judges’ opinion is salient, and after finalising, the paper will be handed over to them for consideration. “If adoption of the rules is succeeded, the application of them will result in less disciplinary proceedings and violations, which may shadow judges’ activities and reputation”, she concluded.