The Armenian Constitutional Court recently ruled that the 1990 Declaration of Independence, referenced in the preamble of Armenia’s Constitution, remains consistent with the Constitution, but downplays its legal power that calls for its reunification with Artsakh (Nagorno-Karabakh).
This decision comes as the court ruled that the regulation for the Armenian-Azerbaijani border delimitation commission aligns with the country’s Constitution. Opposition critics argue that the ruling downplays the Declaration’s call for unity between Armenia and Artsakh.
The full text of the court’s decision, published over the weekend, spans 33 pages, with a focus on the Constitution’s preamble, which references the 1990 Declaration of Independence. The Declaration itself cites a 1989 unification act adopted by the legislative bodies of Soviet Armenia and the then Nagorno-Karabakh Autonomous Oblast.
Following a brief session on Thursday, the court approved the parliamentary ratification of a recent agreement with Azerbaijan. This agreement outlines regulations for joint activities by Armenian and Azerbaijani commissions involved in the border delimitation process.
The only legal way to remove the preamble, which references the 1990 Declaration, would be to enact a new Constitution. Prime Minister Nikol Pashinyan and his political team have indicated they may pursue such a change in 2027. They have also maintained that the preamble has no legal impact on the government’s recognition of Azerbaijani sovereignty over Artsakh.
Azerbaijani leaders have previously stated that a peace agreement with Armenia would be impossible unless Armenia repeals legal acts related to territorial claims over Artaskh. Azerbaijani President Ilham Aliyev has reiterated that a peace deal would require further concessions from Armenia.
This ruling by the Constitutional Court, viewed by opposition critics as downplaying the legal significance of the Declaration of Independence, is seen as a step toward addressing Baku’s major concerns in the ongoing peace negotiations between Armenia and Azerbaijan.
