PROTOCOL 3 On Training Session for the Participants of the Program “ To strengthen capacities of the civil society organizations to address the Aarhus Convention implementation challenges ” in “Center of Economical-Legal Analyses” NGO No: 03/2014 • Date: 21 November 2014 • Location: YSU Law faculty • No. of Participants: 6 (six) • Trainer/s: Dr. Gevorg Danielyan BACKGROUND: A training session for the participants of the program “To strengthen capacities of the civil society organizations to address the Aarhus Convention implementation challenges” in “Center of Economical-Legal Analyses” NGO was held at 12.00 – 14.30 on November 21 of the current year. The session was held by the program coordinator Gevorg Danielyan, Doctor of Juridical Science, Professor. Participants of the program as well as Nane Ghazaryan- the President of the Board of “Center of Economical-Legal Analyses” NGO were present at the training course. TRAINING GOAL AND OBJECTIVES: According to practical training methods program coordinator G. Danielyan suggested to the participants to submit the results of their initial work with respect to the report and discuss those statements of question that arose while drawing up the report in their relevant part. Generally, the speakers emphasized the circumstance that international practice in the system of human rights protection in economic as well as ecological management sphere is inclined to such approach as for the privilege to be given to a possibly independent public authority in that aspect. A participant of the program A. Manasyan presenting in particular the Swedish practice thoroughly emphasized that in that country incomparably wide powers are conferred on the Human Rights Defender and it is a special guarantee for access to justice in the aspect of Aarhus Convention as well. Throughout the course of discussion of the issue Mr G. Danielyan stated that the statement of question to revise the status of Human Rights Defender is actual in the case of Armenia as well since necessity to challenge not only normative legal acts of public authorities but also those of individual legal acts arises frequently. On the other hand it was emphasized that an essential matter of study is the fact that in some cases already stipulated powers do not have necessary application in sufficient volume which unfortunately reduces expectations from legal reforms significantly. Particularly it was emphasized that a power to challenge normative legal acts of the Departments judicially is reserved to the same Human Rights Defender, however it has not taken concrete measures yet to use that powers adequately. TASK: Within the frames of the course E. Shatiryan stated that at present the issue of legal status of NGOs acquired great importance in the context of solution of the issue of access to justice with ecological statements of question, however currently this problem has become a topic of inappropriate serious controversies. Herewith, though Constitutional Court by its decisions has already referred to the benefit of reserving a right to NGOs to apply to the Administrative Court, the issue does not get a solution in practice as far as RA Administrative Procedure Code put into force in the beginning of 2014 not only did not refer to the solution of the problem evading well-known decisions of the Constitutional Court but also involved a number of such solutions that made realization of the principle of access to justice more complicated. Mr G. Danielyan informed that availability of such problems was recorded by newly-appointed management of the Ministry of Justice and the projects inclined to eliminate those obstacles are already in official circulation. Particularly, Mr. G. Danielyan informed that those norms of serious concern, that established that the right to bring appeals in cassation within the frames of administrative and civil procedure was reserved only to attorneys, are suggested to be revised by the bills in circulation. Mr G. Danielyan clarified that the Constitutional norm adopted by the referendum still on July 5, 1995 according to which the powers to bring appeals in cassation are reserved only to special licensed attorneys and solicitors general and deputies, as a matter of fact, was considered to be contradictory to the criteria of international law and it was revised by the results of constitutional reforms of 2005 thus return to legal reforms of the same character cannot be somehow legitimate. Within the frames of the course other statements of question related to the matter of report were also discussed. In the second part of the course the issues on organization of work of already confirmed questoinnaires were discussed, concrete recommendations were given including those in the aspect of visits to regions. CONCLUSION: At the end of the course Mr. G. Danielyan assigned to submit the results of research with respect to those statements of question that were discussed within the frames of the third course based on the results of work conducted within one week.
Posted on: Tue, 25 Nov 2014 06:56:17 +0000
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