In a significant step forward for civil society in Armenia, members of the parliament have proposed legislative amendments that would expand the ability of CSOs to represent the collective interests of their beneficiaries in court. The changes, taking into account civil society recommendations, will extend CSOs’ court standing beyond the current limited scope - environmental protection and the rights of persons with disabilities – both of which are subject to restrictive conditions. If adopted, the amendments will allow CSOs to engage in litigation on a wider range of cases concerning protection against discrimination, as well as reduce the requirements for public organisations to apply to court.
CSOs have long faced legal barriers despite existing formal rights to engage in public interest litigation
Since February 4, 2017, the Law on Public Organisations has formally recognised the right of CSOs to engage in litigation related to collective interests, but limited it solely to environmental protection. Legal amendments adopted on May 5, 2021, extended these rights to allow representation of the rights of persons with disabilities. However, restrictive legal preconditions have significantly hindered the practical exercise of this right. Specifically, in environmental cases, the organisations are required to present evidence of participation in related public discussions. For representing the rights of persons with disabilities, the law requires that a clear majority of organisation members are persons with disabilities.
Government and Parliament members proposed extending the right of CSOs to represent public interests in court, addressing key civil society concerns
In response to longstanding civil society advocacy, the government incorporated a new provision in Armenia’s 2023–2025 Action Plan under the National Strategy for the Protection of Human Rights. This grants the right of public organisations to apply to court in matters of public importance, including both administrative and criminal proceedings and taking into account the principle of actio popularis - the right of any individual to represent public interest in court The National Strategy foresees the submission of relevant legislative amendments to the National Assembly in the first half of 2025.
In line with this strategic direction and based on proposals from CSOs, several members of the Parliament initiated legislative amendments related to CSOs’ standing in the court. The initial draft version included a provision requiring CSOs to obtain consent from direct beneficiaries to pursue public interest cases before court. This clause was met with strong criticism from the civil society sector, with CSOs emphasising that such consent-based limitations undermine their broader public interest role.
Taking into account these concerns, on March 7, 2025, MPs introduced revised draft amendments to the Law on Public Organisations and the Administrative Procedure Code of Armenia. These:
Remove the requirement for beneficiary consent;
Eliminate the requirement of prior participation in public discussions related to the proposed activity for CSOs litigating environmental protection;
Expand CSOs’ legal standing to address discrimination cases beyond those based on disability, now also covering grounds such as sex, race, skin colour, ethnic or social origin, genetic features, language, religion and other personal or social circumstances. One specific precondition related to the proportion of members with disability remains in place only for public organisations representing individual cases of disability-based discrimination.
CSOs propose more comprehensive approach for their legal standing in the court
In the framework of the CSO Meter project, the Law Development and Protection Foundation, together with a number of CSOs, is actively engaged] in the legislative reform process, maintaining ongoing dialogue with lawmakers and government officials. While welcoming the progressive direction of the draft amendments, CSOs continue to call for more inclusive and comprehensive reforms to ensure a truly enabling environment for public interest litigation.
The key recommendations, developed by the Law Development and Protection Foundation in consultation with CSOs, include:
Avoiding an exhaustive list of public interest areas in the legislation to maintain flexibility and adaptability to emerging issues;
Recognising CSO legal standing across a broad range of public interest fields, including but not limited to cultural heritage protection, expropriation oversight, urban development and planning, use of public resources, prisoners’ rights and detention conditions, consumer rights, public health, transparency in political finance and elections, fair economic competition, and public oversight of government institutions;
Extending legal standing beyond public organisations to also include foundations and other non-profit entities;
Amending the Administrative Procedure Code to explicitly affirm the right of CSOs to challenge the legality of normative legal acts, thereby strengthening public oversight mechanisms;
Amending the Criminal Procedure Code to allow CSOs to represent the interests of victims, including through non-attorney representatives.
Next Steps
The draft law proposed by the parliament members is currently under review by the Government of Armenia. If approved, it will be submitted to the National Assembly for adoption. CSOs remain hopeful that, in collaboration with the relevant authorities, the final version presented to the National Assembly will reflect their key recommendations ultimately strengthening Armenia’s commitment to public interest litigation and democratic accountability.