On July 15 RA Court of Cassation rendered a decision on the complaint of “Meltex” LLC, founder of “A1+” TV company, regarding the constitutionality of Article 204.38 of the RA Civil Procedure Code (“The terms of reconsidering judicial acts under reopened or new circumstances”). The application was submitted to consideration on March 2, 2011 and was further consolidated in one case – with other suits contesting this and other similar legislative provisions.
The application of “Meltex” LLC, in particular, noted that during the reconsideration of cases under new circumstances the law enables the court to uphold the previous judgments. In other words, the implementation of the rulings of RA Constitutional Court or European Court of Human Rights is rendered impossible.
At the session of July 15 RA Constitutional Court recognized the respective provision of Article 204.38 of the Civil Procedure Code unconstitutional. This will enable “A1+” founder to address the Court of Cassation once again, demanding to reconsider the rulings of 2004 on the suits of “Meltex” LLC versus National Commission on Television and Radio – under a new circumstance, i.e., the June 17, 2008 ECHR judgment, recognizing the refusals to grant ”A1+” founder a broadcast license to be a violation of the Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, i.e., of the right of the applicant to freely impart information and ideas.
As it has been reported, on February 23, 2010, on the complaint of “Meltex”, RA Constitutional Court had already recognized unconstitutional and invalid the then in-effect Point 1 of Article 204’28 of the RA Civil Procedure Code (“The competences of the court in case of revision”). Namely this provision made a basis for the RA Court of Cassation to decline on February 19, 2009 the demand of “A1+” founder to reconsider the two rulings of the Court of Cassation (February 27 and April 23, 2004) on suits of “Meltex” LLC versus NCTR – under new circumstances in the case (see YPC Weekly Newsletter, February 19-25, 2010). In May 2010 the civil procedure legislation was amended, consequently the “A1+” founder once again addressed the Court of Cassation for reconsideration of the 2004 rulings. However, in August 2010 Court of Cassation revoked the application of “Meltex” again, grounding its denial with the abovementioned May 2010 amendments. In fact, on July 15 RA Constitutional Court acknowledged the May 2010 amendments to RA Civil Procedure Code non-compliant to the Main Law.
N.B. Dear readers, please note that YPC Weekly Newsletter will next be issued in early September, 2011.