No nomination of candidate after PM’s resignation puts issue into legal deadlock

Chairman of the Bar Chamber Ara Zohrabyan citing the Constitution presented the legal grounds of Prime Minister’s resignation and dissolving of the parliament.

1. If the factions do not nominate candidate after Prime Minister’s resignation neither voting takes place nor, consequently, election of PM in the first phase. According to the part 4 of Article 149 of the Constitution, Prime Minister’s election is being conducted by nominal voting.

2. The issue appears in the second round, as according to the part 3 of Article 149 of the Constitution, new elections are set after seven days of voting in case of not electing PM, with participation of candidates nominated by at least 1/3 of total number of lawmakers. If prime minister is not elected by the majority of the total number of lawmakers, the National Assembly is dissolved according to the law.

3. As it can be seen without (1) nomination of candidate in the first phase, (2) without voting, (3) without registering fact of not being elected, the second phase cannot start as the 7-day term is set from the voting moment.

Zohrabyan wrote that it is remarkable that Tsarukyan faction and Republican faction stated about not nominating candidates.

Summing up, Zohrabyan wrote that PM’s resignation will result in resignation of the Armenian government and if no candidate is nominated the issue enters legal deadlock.

Thus, the wish to dissolve the National Assembly by PM’s resignation is possible only by reaching arrangement with the majority of the parliament over not nominating and not electing PM.