INNA NERSEYAN

Postgraduate student at the Russian-Armenian (Slavonic) University

specializing in 12.00.02 “Constitutional Law, Constitutional Judicial Process, Municipal Law”,

Lawyer at the Legal Information Center “IRTEK”

DOI: https://doi.org/10.59546/18290744‑2026.1‑3‑44

Annotation.

The article examines the correlation between the special legal status of judges and their right to freedom of peaceful assembly. It addresses the theoretical and practical conflict between the principle of depoliticization of the judiciary and universal human rights. Based on an analysis of the Constitution of the Republic of Armenia, national legislation, international legal instruments, and the case law of the European Court of Human Rights, it is demonstrated that an absolute prohibition on judges’ participation in peaceful assemblies constitutes a disproportionate restriction that undermines fundamental rights. The paper argues for a differentiated approach, under which judges may participate in assemblies of a non‑political nature, particularly those related to the protection of human rights, the independence of the judiciary, and professional interests. A comparative analysis of foreign experience (Germany, France, Tunisia, Hungary, and others) further confirms the relevance of a flexible regulatory model that ensures both the preservation of judicial neutrality and the safeguarding of judges’ right to civic engagement.

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