Lawyer sees constitutional flaws in ENA authority shift

Lawyer sees constitutional flaws in ENA authority shift

PanARMENIAN.Net - A court hearing was held on January 29 concerning the case between Tashir Capital CJSC and the Public Services Regulatory Commission (PSRC) of Armenia, related to the potential revocation of Electric Networks of Armenia's (ENA) electricity distribution license.

Speaking to reporters, attorney Aram Orbelyan stated that the legislative amendments affecting ENA raise constitutional concerns. According to Orbelyan, the core issue is granting additional authority to the PSRC chairman, which he argues violates the Constitution.

“The main problem lies in assigning powers to the PSRC chairman. Under the Constitution, state power is exercised through constitutionally defined bodies. While the PSRC is considered an autonomous body, this does not extend to its chairman,” Orbelyan said, as reported by Aysor.am .

He explained that their initial goal was to complete the case within two months and obtain a ruling, without filing any interim relief requests. However, the government’s request for more time to respond prompted them to file for a suspension.

“It was obvious, and we had convincingly argued, that no violations occurred. But when the government representative requested time to assess the situation and prepare a response, we filed the motion,” he added.

Orbelyan clarified that this procedural delay necessitated the suspension motion currently under consideration.

On July 18, the PSRC announced that Romanos Petrosyan, who had been dismissed from the State Supervision Service, was appointed interim manager of the Electric Networks of Armenia. The commission also launched an inquiry into the company's operations based on a government report.

The PSRC revoked Tashir Capital’s HEZ license. Following this decision, the commission will hold negotiations with the company’s board of directors over the next three months concerning the transfer of property rights. If no agreement is reached, the state may seize ownership on the grounds of overriding public interest.

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