englisch (Übersetzung) |
englisch (Übersetzung), ursprünglicher Wortlaut |
englisch (Übersetzung), letztgültiger Wortlaut |
englisch (Übersetzung) |
englisch (Übersetzung) |
Constitution of Georgia February 21, 1921 |
Constitution of Georgia
August 24, 1995 |
Constitution of Georgia
Octobre 13, 2017 |
Constitution of Georgia
March 23, 2018 |
|
in Kraft |
in Kraft vom 24. August 1995 bis zum 16. Dezember 2018. |
wird in dieser Fassung nie in Kraft treten |
in Kraft seit dem 16. Dezember 2018 |
|
P r e a m b l e |
P r e a m b l e |
P r e a m b l e |
||
The people of Georgia whose strong will is
to establish a democratic social order, economic independence, a social
and legal state, to guarantee universally recognised human rights and
freedoms, to strengthen the state independence and peaceful relations
with other countries, announce to the world this Constitution based upon
many centuries of state tradition and the main principles of the 1921
Constitution.
|
We, the citizens of Georgia, whose firm
will is to establish a democratic social order, economic freedom, a
rule-of-law and a social state, to secure universally recognised human
rights and freedoms, to enhance state independence and peaceful
relations with other peoples, drawing inspiration from centuries-old
traditions of statehood of the Georgian nation and the historical-legal
legacy of the Constitution of Georgia of 1921, proclaim the present
Constitution before God and the nation.
(version 15/10/2010).
|
We, the
citizens of Georgia, whose firm will is to establish a democratic social
order, economic freedom, the rule of law, and a social state, to secure
universally recognised human rights and freedoms, to enhance state
independence and peaceful relations with other peoples, drawing
inspiration from the centuries-old traditions of the statehood of the
Georgian nation and the historical and legal legacy of the Constitution
of Georgia of 1921, hereby proclaim the present Constitution before God
and the nation.
|
We, the
citizens of Georgia – whose firm will it is to establish a democratic
social order, economic freedom, and a legal and a social state; to
secure universally recognised human rights and freedoms; and to enhance
state independence and peaceful relations with other peoples – drawing
on the centuries-old traditions of the statehood of the Georgian nation
and the historical and legal legacy of the Constitution of Georgia of
1921, proclaim this Constitution before God and the nation.
|
|
Article 1. Georgia shall be a free, independent, and indivisible State. The permanent and unchangeable form of its political constitution shall be the democratic Republic. |
Article 1. 1. Georgia is an
independent, unified and indivisible law-based state, ratified by the
referendum carried out on March 31, 1991 throughout the territory of the
country, including the Autonomous Soviet Socialist Republic of Abkhazia
and the former autonomous district of South Ossetia and further adduced
by the act of April 9th, 1991 restoring the independence of the Georgian
state. |
Article 1.
State sovereignty. 1. Georgia is an independent, unified, and
indivisible state, as confirmed by the Referendum of 31 March 1991 held
throughout the territory of the country, including the Autonomous Soviet
Socialist Republic of Abkhazia and the Former Autonomous Region of South
Ossetia, and by the Act of Restoration of State Independence of Georgia
of 9 April 1991.
|
Article 1. State sovereignty. 1. Georgia is an independent, unified and indivisible state as confirmed by the Referendum of 31 March 1991 held in the entire territory of the country, including the Autonomous Soviet Socialist Republic of Abkhazia and the former Autonomous Region of South Ossetia, and by the Act of Restoration of State Independence of Georgia of 9 April 1991. | |
2. The form of political order of Georgia is a democratic Republic.
|
see also art. 3
sec. 1 |
|||
3. "Georgia" is the name of the Georgian state.
|
see also art. 2
sec. 1 |
|||
Art. 5.
Article 6. The territory of the state may neither be
ceded, divided, nor sold. The enlargement of the territory or the
rectification of the frontiers which may be contested is only possible
by virtue of law.
|
Article 2. 1. The territory of the Georgian state is determined by the circumstances of the country on December 21st, 1991. The territorial integrity of Georgia and the inviolability of state borders is confirmed and recognised by the Constitution and the laws of Georgia and also by the international community and international organisations. 2. The alienation of the territory of Georgia is forbidden. Changes to the state borders are possible only through bilateral agreement with neighbouring states. 3. The internal territorial arrangement of Georgia is determined by
the Constitution on the basis of the principle of division of power
after the full restoration of the jurisdiction of Georgia over the whole
territory of the country. |
2. The territory of the State of Georgia is determined as of 21
December 1991. The territorial integrity of Georgia and the
inviolability of the state border is acknowledged by the Constitution
and laws of Georgia, and recognised by the world community of nations
and international organisations. The alienation or transfer of the
territory of Georgia shall be prohibited. The state border may be
changed only by a bilateral agreement with a neighbouring state.
|
2. The territory of the state of Georgia was determined on 21 December 1991. The territorial integrity of Georgia and the inviolability of the state border is confirmed by the Constitution and laws of Georgia, and recognised by the world community of nations and by international organisations. The alienation of the territory of the state of Georgia shall be prohibited. The state border may be changed only by a bilateral agreement with a neighbouring state.
|
|
Article 7. The administrative division and the establishment or alteration of the autonomous boundaries can only be established by relevant legistature. | ||||
4. The citizens of Georgia regulate matters of local importance through local self-government as long as it does not encroach upon national sovereignty. The procedure for the creation of self-governing bodies and their powers and relationship with state bodies, is determined by organic law. |
4. The citizens of Georgia registered in a self-governing unit shall
regulate the affairs of local importance through local self-government,
without prejudice to the state sovereignty, according to the legislation
of Georgia. State authorities shall promote the development of local self-governance.
(version 15/10/2010)
|
|||
Article 2. State symbols. 1.
"Georgia" is the name of
the State of Georgia. |
||||
Art. 1.
Article 2. The capital of Georgia shall be Tiflis.
|
Art. 9. Article 10. Tbilisi is the capital of Georgia. |
2. Tbilisi is the capital of Georgia. |
||
Article 3. The
official language of Georgia shall be the Georgian language.
|
Art. 7. Article 8. The state language of Georgia is Georgian; in Abkhazia, Abkhazian is also the state language. |
3. The official language of Georgia is Georgian, and the official
language of the Autonomous Republic of Abkhazia is Georgian and
Abkhazian. The official language is protected by an organic law. |
3. The official language of Georgia shall be Georgian, and, in the
Autonomous Republic of Abkhazia, also Abkhazian. The official language
is protected by the organic law. |
|
Article 4. The flag of Georgian Republic shall be of cherry colour with one black and one white stripe. [The seal of the Georgian Republic shall be the effigy of Georges-Le-Blanc mounted on a horse, surmounted by seven astres.] | Art. 10. Article 11. The State symbols of Georgia are determined by organic law. |
4. The state flag, the coat of arms, and the anthem of Georgia are
determined by an organic law, which shall be revised in accordance with
the procedure determined for the revision of the Constitution.
|
4. The state flag, the coat of arms, and the anthem of Georgia are
established by the organic law, which shall be revised in accordance
with the procedure established for revising the Constitution.
|
|
Article 3. Democracy. 1. Georgia is a democratic
republic. |
||||
Art. 4. Article 5. 1. The people are the sole source of state power in Georgia. State power is only exercised within the framework of the Constitution. 2. Power is exercised by the people through referendum, their representatives and other democratic forms. 3. No individual or group of individuals has the right to seize or unlawfully take state power. 4. State power is exercised and based upon legal state principles. Art. 6. |
2. The people shall be the source of state authority. The people
shall exercise power through their representatives, as well as through
referenda and other forms of direct democracy.
3. No one shall have the right to appropriate power. It is prohibited to decrease or increase, by the Constitution or law, the current term of office of a body elected through general elections. 4. Political parties participate in the formation and implementation of the people's political will. The activities of political parties shall be based on the principles of their freedom, equality, transparency, and the principle of democracy within the party.
|
2. People are the source of state authority. People exercise power
through their representatives, as well as through referendums and other
forms of direct democracy.
3. No one shall have the right to seize power. The current term of a body elected in general elections shall not be extended or reduced by the Constitution or law. 4. Political parties shall participate in the formation and exercise of the political will of the people. The activities of political parties shall be based on the principles of freedom, equality, transparency, and intra-party democracy.
|
||
Article 4. Constitutional State. 1. Georgia is a
constitutional state. |
Article 4. Legal state. 1. Georgia is a
constitutional state. |
|||
Art. 6. Article 7. The state recognises and defends universally recognised human rights and freedoms as eternal and supreme values. The people and the state are bound by these rights and freedoms as well as by current legislation for the exercise of state power. |
2. The State shall recognise and protect universally recognised human
rights and freedoms as eternal and supreme human values. While
exercising authority, the people and the State shall be bound by these
rights and freedoms, as by directly applicable law. The Constitution
shall not deny the universally recognised human rights and freedoms that
are not expressly referred to herein, but stem inherently from the
principles of the Constitution.
3. State authority shall be exercised under the principle of the
separation of powers. |
|||
Art. 7. Article 8. The Constitution shall be the supreme law of the state. Any low, any decree, any ordinance, or decision which is in contradiction with the principles or the spirit of the constitution can not be promulgated. All the authorities of the state are to fulfill the constitution and to apply its principles, in the legislative domain as well as in the administration. Art. 9. |
Art. 5.
Article 6. 1. The Constitution is the supreme law of
the state. All other legal acts shall be issued in accordance with the
Constitution. |
4. State authority shall be exercised within the scope of the
Constitution and the law. The Constitution of Georgia shall be the
supreme law of the State. General procedures for the adoption and
issuance of legal and other normative acts, and their hierarchy, shall
be defined by the Constitution and an organic law. |
||
2. The legislation of Georgia corresponds with universally recognised norms and principles of international law. International treaties or agreements concluded with and by Georgia, if they do not contradict the Constitution of Georgia, take precedence over domestic normative acts. |
2. The legislation of Georgia corresponds with universally recognised
norms and principles of international law. International treaties or
agreements concluded with and by Georgia, if they do not contradict the
Constitution or the Constitutional Agreement of Georgia, take precedence over domestic normative acts.
(version 30/03/2001)
|
5. The legislation of Georgia shall comply with the universally
recognised principles and rules of international law. An international
agreement of Georgia, unless it comes into conflict with the
Constitution or the Constitutional Agreement of Georgia, shall take
precedence over domestic normative acts.
|
||
Art. 112. |
Article 5. Social state. 1. Georgia is a social
state. |
|||
Article 113. The Republic sees to it that all its citizens have dignified existence. |
2. The State shall ensure the consolidation of the principles of
social fairness, social equality and social solidarity within society.
|
2. The State shall take care of strengthening the principles of social
justice, social equality and social solidarity within the society. |
||
Art. 30. Article 31. The state guarantees equal social and economic development within the whole territory of Georgia. In order to guarantee the social and economic progress of the high mountain regions special privileges are envisaged in law. |
3. The State shall ensure equal social, economic and demographic
development in the entire territory of the country. Special conditions
to ensure the development of high mountain regions shall be established
by law. |
3. The State shall take care of the equitable socio-economic and
demographic development on the entire territory of the country. Special
conditions for the development of high mountain regions shall be
determined by law. |
||
4. The State shall ensure the health and social protection of an
individual, and minimum subsistence and decent housing for an individual,
and the promotion of family welfare. The State shall support its
citizens in employment. Conditions for ensuring minimum subsistence
shall be determined by law. |
4. The State shall take care of human health care and social
protection, ensuring the subsistence minimum and decent housing, and
protecting the welfare of the family. The State shall promote the
employment of citizens. Conditions for providing the subsistence minimum
shall be determined by law. |
|||
|
5. The State shall take care of environmental protection and the
rational use of natural resources. |
|||
Art. 33. Article 34. 1. The state fosters the development of culture, the unrestricted participation of nationals in cultural life, the expression and enrichment of cultural origins, the recognition of national and universal values and the deepening of international cultur al relationships. 2. Each citizen is obliged to care for, protect and preserve the cultural heritage. The state protects cultural heritage by law.
|
5. The State shall ensure the protection of national values, and the
uniqueness and cultural heritage, as well as the development of
education, science and culture. |
6. The State shall take care of the protection of national values,
identity and cultural heritage, and of the development of education,
science and culture. |
||
Article 341. The State shall facilitate the physical development of adults and youth as well as their engagement in sports through cooperation with educational institutions and sports associations. (version 15/10/2010) |
6. The State shall ensure the development of sport, and the formation
of a healthy life style, the physical education of children and youth,
and their engagement in sports. |
7. The State shall take care of the development of sports,
establishing a healthy lifestyle, and engaging children and youth in
physical education and sports. |
||
7. The State shall facilitate compatriots residing abroad to maintain
and develop their ties with their homeland.
|
8. The State shall take care of maintaining and developing connections with the homeland for Georgian compatriots residing abroad.
|
|||
Art. 114.
Article 115. The
Republic has its own commercial and industrial organization. Its
principal object is to develop this organization and to create a single
and complete system of social economy. The Republic will aid the bodied
of self-government in the development and strengthening of similar
economic organizations. The government has the right to socialize by
legislature the commercial, industrial, and agricultural enterprises
which may be suitable for this purpose.
|
||||
Article 116. The State watches particularly against the private exploitation of the work of small producers, of the agricultural, the workmen, and the home-worker. The Republic will also give its special attention to the prosperity of agriculture. The proprietor of land has a duty toward society to cultivate the same to get the best possible results. | ||||
Art. 119.
Article 120. Any citizen who is incapacitated from
work by age, sickness, or other causes and having neither by law or
custom a claim of support from his heir curator, or any private or
public institution, and begin without means of existence, has the right
to have assistance from the state by way of insurance or other methods.
This assistance is also given by the State in cases where the heir or
curators are not in a position to care for the invalid.
|
||||
Article 121. Any citizen incapacitated from work by
age, mutilation, or other causes will receive in the way of insurance an
assistance proportionate to his salary. The insurance capital will be
raised by means of a tax levied on the employer.
|
||||
Article 122. Beside the tax mentioned in the
preceding article a certain part of the receipts of the republic shall
be annually set aside for the same object.
|
||||
Article 123. The normal duration of working time of hired help shall not be more than 48 hours per week. The worker must at the same time have a weekly respite from work of at least 42 uninterrupted hours per week. The exception to the weekly hours of work is determined by law. The fixing of the normal time of work for agricultural laborers and season workers necessitating special working conditions are fixed by law. | ||||
Article 6. Economic freedom. 1. Economic freedom shall be recognised and guaranteed. 2. The State shall ensure the development of a free and open economy, and free enterprise and competition. 3. It shall be prohibited to abolish a universal right to private ownership.
|
Article 6. Economic freedom. 1. Economic freedom is recognised and guaranteed. 2. The State shall take care of developing a free and open economy, and free enterprise and competition. 3. Abolishing the universal right to private property shall be prohibited.
|
|||
Art. 2.
Article 3. 1. The Georgian supreme national bodies
have exclusive power to administer: |
Article 7. Grounds for territorial structure. 1. The
following shall fall within the exclusive competence of the supreme
state authorities of Georgia: |
Article 7. Basis of
territorial arrangement. 1. The following shall fall within the
exclusive competence of the supreme state authorities of Georgia: |
||
n. certification and accreditation of secondary and high schools, legislation on academic, scientific and professional titles and honours; | n) legislation on accreditation of educational institutions and academic degrees; (version 27/12/2007) | |||
o. legislation on intellectual property; 2. Matters relating to joint federal administration will be determined separately. |
||||
Art. 106.
|
||||
Article 107. Abkhasie (district of Soukhoum), Georgia Musulmane (district of Batum), and Zakhatala (district of Zakhatala), which are integral parts of the Georgian Republic, enjoy autonomy in the administration of their affairs. |
3. The status of the Autonomous Republic of Ajara shall be determined by
the Constitutional Law of Georgia on the Status of the Autonomous
Republic of Ajara.
(version
20/04/2000) 4. The status of the Autonomous Republic of
Abkhazia shall be determined by the Constitutional Law of Georgia on the
Status of the Autonomous Republic of Abkhazia.
(version
10/10/2002) |
2. The powers of the Autonomous Republic of Abkhazia and the Autonomous Republic of Adjara, and procedures for exercising such powers shall be | ||
Article 108. The statute concerning the autonomy of the districts mentioned in the previous article will be the object of special legislation. Chapter XII. |
defined by the constitutional laws of Georgia, which are
integral parts of the Constitution of Georgia. |
determined by the constitutional laws of Georgia that are an integral
part of the Constitution of Georgia. |
||
5. The status and powers of Lazika city shall be defined in an organic law of Georgia. (version 29/06/2012)
|
3. The territorial state structure of Georgia shall be revised by a constitutional law of Georgia on the basis of the principle of the delimitation of powers after the complete restoration of the jurisdiction of Georgia over the whole territory of the country.
|
3. The state territorial arrangement of Georgia shall be revised by a constitutional law of Georgia on the basis of the principle of the separation of powers after the complete restoration of the jurisdiction of Georgia over the entire territory of the country.
|
||
see also art. 2 sec. 4 |
4. The citizens of Georgia shall regulate affairs of local importance
through local self-governance in accordance with the legislation of
Georgia. The delimitation of the powers of state authority and local
self-government units shall be based on the principle of subsidiarity.
The State shall ensure the compliance of the financial resources of a
self-government unit with the powers of the self-government unit as
defined by an organic law. |
4. The citizens of Georgia shall regulate affairs of local importance
through local self-government in accordance with the legislation of
Georgia. The separation of the powers of state authority and
self-governing units is based on the principle of subsidiarity. The
State ensures that the financial resources of self-governing units
correspond with their powers as determined by the organic law. |
||
5. An Exclusive Economic Zone shall be established in Anaklia on the
basis of an organic law, where a special legal regime shall apply. Other
Exclusive Economic Zones with special legal regimes may also be
established on the basis of an organic law.
|
||||
Art. 141.
|
Art. 8. Article 9. The state recognises the special importance of the Georgian Orthodox Church in Georgian history but simultaneously declares complete freedom of religious belief and confessions, as well as independence of the church from the state. |
Article 9. 1. The State shall declare absolute freedom of belief
and religion. At the same time, the State shall recognise the
outstanding role of the Apostolic Autocephalous Orthodox Church of
Georgia in the history of Georgia and its independence from the State.
2. Relations between the State of Georgia and the Apostolic Autocephalous Orthodox Church of Georgia shall be governed by Constitutional Agreement. Constitutional Agreement shall be in full compliance with the universally recognised principles and norms of international law, specifically in terms of human rights and fundamental freedoms. (version 30/03/2001)
|
Article 8.
Relations between the State and the Apostolic Autocephalous Orthodox
Church of Georgia. Together with freedom of belief and religion, the
State shall recognise the outstanding role of the Apostolic
Autocephalous Orthodox Church of Georgia in the history of Georgia, and
its independence from the State. Relations between the State of Georgia
and the Apostolic Autocephalous Orthodox Church of Georgia shall be
defined by a Constitutional Agreement, which shall be in full compliance
with the universally recognised principles and norms of international
law, specifically in terms of human rights and fundamental freedoms.
|
Article 8.
Relations between the State and the Apostolic Autocephalous Orthodox
Church of Georgia. Along with freedom of belief and religion, the
State shall recognise the outstanding role of the Apostolic
Autocephalous Orthodox Church of Georgia in the history of Georgia, and
its independence from the State. The relationship between the state of
Georgia and the Apostolic Autocephalous Orthodox Church of Georgia shall
be determined by a constitutional agreement, which shall be in full
compliance with the universally recognised principles and norms of
international law in the area of human rights and freedoms.
|
Article 142. The state and the church are separate
and independent one from the other.
|
||||
Article 143. No confession or creed enjoys special
privileges.
|
||||
Article 144. It is forbidden to make any levies on the resourses of the state or the bodies of self-government for the needs of any religious order. | ||||
Art. 15.
|
Art. 11. |
Chapter Two |
||
Art. 16.
Article 17. 1. A person's honour and dignity are
inviolable. |
Article 9. Inviolability of human dignity. 1. Human
dignity shall be inviolable and shall be protected by the State. |
|||
2. Torture, inhumane, brutal or degrading treatment or punishment is impermissible. |
2. No one shall be subjected to torture, or inhuman or degrading
treatment, or subject to inhuman or degrading punishment. |
2. Torture, inhuman or degrading treatment, and the use of inhuman or
degrading punishment shall be prohibited. |
||
Art. 18. |
3. Physical or mental coercion of a detainee or a person whose
liberty has been otherwise restricted shall be inadmissible. (version 27/12/2006)
|
|||
see also art. 22
sent. 1 |
Art. 14.
Article 15. 1. A person's life is inviolable and is
protected by law. |
Article 10. Right to life and physical inviolability. 1. Human life shall be protected. No one shall be condemned to the death penalty. 2. The physical inviolability of an individual shall be secured.
|
Article 10. Right to life and physical inviolability. 1. Human life shall be protected. The death penalty shall be prohibited. 2. The physical integrity of a person shall be protected.
|
|
Art. 18. Article 19. Capital punishment is abolished. | 2. Special forms of punishment - capital punishment before its full abrogation may be envisaged by organic law for extremely serious crimes directed against a person's life. Only the Supreme Court has the right to impose such a punishment. | 2. No one shall be condemned to the death penalty. (version 27/12/2006) | ||
Chapter III.
Article 16. All citizens are equal before the law.
|
Art. 13. Article 14. Everyone is born free and is equal before the law, regardless of race, skin colour, language, sex, religion, political and other beliefs, national, ethnic and social origin, property and title of nobility or place of residence. |
Article 11. Right to equality. 1. All individuals have equal rights before law. Discrimination due to race, skin colour, sex, origin, ethnicity, language, religious, political or other opinions, social affiliation, material status or title, place of residence or due to other signs shall be prohibited. 2. In accordance with the universally recognised principles and rules
of international law, and the legislation of Georgia, the citizens of
Georgia, irrespective of their ethnicity, religious affiliation or
language, shall have the right to maintain and develop their culture,
and use their mother tongue in private or in public, without any
discrimination. |
Article 11. Right to equality. 1. All persons are equal before the law. Any discrimination on the grounds of race, colour, sex, origin, ethnicity, language, religion, political or other views, social affiliation, property or titular status, place of residence, or on any other grounds shall be prohibited. 2. In accordance with universally recognised principles and norms of
international law and the legislation of Georgia, citizens of Georgia,
regardless of their ethnic and religious affiliation or language, shall
have the right to maintain and develop their culture, and use their
mother tongue in private and in public, without any discrimination. |
|
Article 17. There is no distinction of class.
|
||||
Article 18. No titles, except degrees of the universities, shall be conferred. Decorations are abolished; distinctive marks may be conferred by reasons of war. | ||||
Art. 38. Article 39. The citizens of both sexes enjoy equal political civil, economical and family rights. |
3. The State shall ensure equal rights and opportunities for men and
women. The State shall take special measures to ensure substantial
equality of rights for men and women, and to eradicate inequality. |
3. The State shall provide equal rights and opportunities for men and
women. The State shall take special measures to ensure the essential
equality of men and women and to eliminate inequality. |
||
4. The State shall ensure special conditions for the exercise of the
rights and interests of persons with disabilities.
|
4. The State shall create special conditions for persons with disabilities to exercise their rights and interests. |
|||
Art. 35. Article 36. The free development of the intellectual professions, commercial, industrial and agricultural pursuits is guarantied by the Republic. | Art. 15. Article 16. Everyone has the right to freedom of personal development. |
Article 12. Right to freedom of development of personality. Everyone shall have the freedom to develop their own personality.
|
Article 12. Right to freedom of development of personality. Everyone has the right to the free development of their personality.
|
|
Art. 21.
Article 22. Every person enjoys individual
inviolability. Nobody can be arrested or deprived of his liberty in any
other manner, nor submitted to search except by warrant of court of
justice or by the medium of inquiry.
|
Art. 17.
Article 18. 1. The freedom of a person is inviolable.
|
Article 13. Human liberty. 1. Human liberty shall be
protected. |
||
2. Arrest or other restrictions on personal freedoms are prohibited
without a court order. |
2. The imposition of imprisonment or other restrictions of liberty
shall only be permitted on the basis of a court decision. |
2. The deprivation or other restrictions of liberty shall only be
permitted on the basis of a court decision. |
||
Article 23. The administration can only proceed with
the arrest on its own initiative on the following cases: a) When the guilty person is surprised in the very act b) When the guilty person is indicted on the place of the crime by the victim or by witness. c) When any object establishing the guilt of the prisoner is found upon his person, or when incontestable signs or traces of the crime are found upon his person or his domicile.
|
3. The detention of an individual is permissible in circumstances
determined by law by an official specifically so authorised. The
detained individual or otherwise restricted person must be conveyed to
court not later than 48 hours following arrest. If within the next 24
hours the court has not made a decision concerning the arrest or other
kind of restriction, the individual must be released forthwith. |
3. An official authorised by law may arrest a person in the cases
provided for by law. A detainee shall be brought before a court of
competent jurisdiction not later than 48 hours. If the court does not
adjudicate upon detention or any other kind of restriction of liberty
within the following 24 hours, the person shall be released forthwith.
|
3. An official authorised by law may arrest a person in cases defined
by law. An arrestee shall be brought before a court of competent
jurisdiction no later than 48 hours after being arrested. If the court
does not adjudicate upon detention or any other restriction of liberty
within the next 24 hours, the person shall be released immediately. |
|
4. The physical or moral coercion of a detained or otherwise
restricted individual is impermissible. |
4. repealed.
(version 27/12/2006) |
|||
Article 24. The arrest of culprits by private individuals is lawful when they surprise him in the very act of crime and when there is a cause of fear of escape before the arrival of the agents of the public forces. | ||||
5. A detained individual must be immediately made aware of his rights
and the basis for his detention. The detained individual may demand the
assistance of a lawyer . This right must always be satisfied. |
4. A person shall be made aware of his/her rights and the grounds for
detention upon his/her detention. A person may request the assistance of
an advocate upon his/her detention and the request shall be granted. |
4. A person shall be informed of his/her rights and grounds for
arrest immediately upon being arrested. A person may request the
assistance of a lawyer immediately upon being arrested. This request
must be satisfied. |
||
Art. 24.
Article 25. Any
person arrested by order of the judiciary or administrative forces must
be brought before the nearest court within 24 hours; in cases where the
court is too far away in order to bring a culprit before it within that
period, it may be prolonged, without, however, exceeding 48 hours.
|
6. The term of detention of a suspected individual should not exceed
72 hours before indictment and the accused cannot be held on remand for
more than 9 months. |
6. Pre-trial detention period shall
not exceed nine months.
(version 15/10/2010) |
5. The term of imprisonment of an accused person shall not exceed
nine months. |
5. The detention period for an accused person shall not exceed 9
months. |
Article 26. The court must proceed immediately, in
no case later than 24 hours to interrogate the prisoner. After this it
may ordain, by written order, either the further detention of the
culprit or his immediate release.
|
||||
Article 27. The judicial authorities are obliged , in cases where it happens that a person ahs been arrested in violation of the abovementioned rules, to look immediately into the case and to give immediate orders either for his release or to keep him in custody. | ||||
7. Failure to comply with this Article is punishable by law. An individual detained or unlawfully arrested has the right to compensation. Art. 19. |
6. Violation of the requirements of this article shall be punishable
by law. A person whose liberty has been restricted unlawfully shall have
the right to compensation.
|
6. A violation of the requirements of this article shall be punished by law. A person whose liberty has been restricted unlawfully shall have the right to compensation.
|
||
Art. 29. Article 30. Every citizen has the right of moving and selecting his own residence; there is no restriction of this right except by order of the court of justice. | Art. 21. Article 22. 1. Every individual lawfully within the territory of Georgia is free to move within that territory and is free to choose his place of residence. | Article 14. Freedom of movement. 1. Everyone who lawfully stays within the
territory of Georgia shall enjoy freedom of movement throughout the
entire territory of the country, and the freedom to choose his/her place
of residence within the territory, and the freedom to leave Georgia. |
Article 14. Freedom of movement. 1.
Everyone lawfully staying in Georgia shall have the right to move freely
within the territory of the country, to choose a place of residence
freely and to leave Georgia freely. |
|
2. Everyone lawfully within the territory of Georgia is free to leave
the country. A citizen of Georgia can freely enter the country. |
2. Everyone
lawfully within the territory of Georgia shall be free to leave the
country.
(version 15/10/2010) |
|||
3. Restriction of these rights is permissible only in accordance with
the law, in order to guarantee state and public security as necessary
for the existence of a democratic society, public health, prevention of
crime and fulfilment of justice. |
2. The above rights may only be restricted in the cases provided for
by law for the protection of national security, public safety, or for
the prevention of crime, the protection of health, or the administration
of justice, insofar as is necessary in a democratic society. |
2. These rights may only be restricted in accordance with law, for
ensuring national security or public safety, protecting health or
administering justice, insofar as is necessary in a democratic society.
|
||
Art. 23. |
4. A citizen of Georgia shall
be free to enter Georgia.
(version 15/10/2010)
|
3. A citizen of Georgia shall be free to enter Georgia.
|
3. A citizen of Georgia shall be able to enter Georgia freely.
|
|
Article 15. Right to inviolability of private and family
life, private space and communication, and right to informational
self-determination. 1. The private and family life of individuals
shall be inviolable. The restriction of such right shall only be
admissible in accordance with law for the purposes of ensuring national
security or public safety, for the prevention of crime or for the
protection of the rights of others, insofar as is necessary in a
democratic society. |
Article 15. Rights to
personal and family privacy, personal space and privacy of communication. 1.
Personal and family life shall be inviolable. This right may be
restricted only in accordance with law for ensuring national security or
public safety, or for protecting the rights of others, insofar as is
necessary in a democratic society. |
|||
Art. 27.
Article 28. The domicile of a citizen is inviolable,
and searches are only authorized in cases provided for by law.
|
2. The private space of individuals and communication shall be inviolable. No one shall have the right to enter a place of residence or other property against the will of the possessors, and no one shall have the right to conduct a search in such property. 3. The restriction of rights specified in the second paragraph of
this article shall only be permissible as prescribed by law for the
purposes of ensuring national security or public safety, for the
prevention of crime, or for the protection of the rights of others,
insofar as is necessary in a democratic society, either with or without
a court decision, where there is urgent necessity determined by law. In
the case of urgent necessity, a court shall be informed with regard to
the restriction of rights no later than 24 hours, and the court shall
verify the lawfulness of such restriction no later than 24 hours after
the notification. |
2. Personal space and communication shall be inviolable. No one shall
have the right to enter a place of residence or other possessions, or to
conduct a search, against the will of the possessor. These rights may be
restricted only in accordance with law for ensuring national security or
public safety, or for protecting the rights of others, insofar as is
necessary in a democratic society, based on a court decision or without
a court decision in cases of urgent necessity provided for by law. In
cases of urgent necessity, a court shall be notified of the restriction
of the right no later than 24 hours after the restriction, and the court
shall approve the lawfulness of the restriction no later than 24 hours
after the submission of the notification. |
||
Article 29. Private correspondence is inviolable and can only be seized and examined in pursuance of a judgment of the court. | ||||
4. Information contained in official records pertaining to health,
finances, or other private matters of an individual shall not be made
available to anyone without the consent of the individual in question,
except as determined by law, when doing so is necessary to protect
national security or public safety, or to protect the interests and
health of the public, or the rights of others.
|
||||
Art. 30.
Article 31. Every citizen enjoys full liberty of
conscience. He can not be prosecuted nor have restrictions brought upon
his political or civil rights for reason of his religion or convictions.
Everybody has the right to profess his own religion, to change same, or
not to have any religious creed. No person has the right to evade his
political or civil obligations by calling upon his religion or
convictions except in cases provided by law. The actions of a religious
character modify in no way the civil rights or position of anybody.
|
Art. 18.
Article 19. 1. Every individual has
the right to freedom of speech, thought, conscience, religion and
belief.
2. The persecution of an individual for his thoughts, beliefs or religion is prohibited as is compulsion to express opinions about them. 3. These rights may not be restricted unless the exercise of these rights infringes upon the rights of other individuals. |
Article 16. Freedom of faith, religion and conscience. 1. Everyone has the right
to freedom of faith, religion and conscience.
2. The above rights shall only be subject to such restrictions that are prescribed by law for the purposes of ensuring national security or public safety, for the prevention of crime, for the protection of health, for the administration of justice or for the protection of the rights of others, insofar as is necessary in a democratic society. 3. No one shall be persecuted because of his/her belief, religion or conscience, or be compelled to express his/her opinion thereon.
|
Article 16. Freedom of belief, religion
and conscience. 1. Everyone has freedom of belief, religion and
conscience.
2. These rights may be restricted only in accordance with law for ensuring public safety, or for protecting health or the rights of others, insofar as is necessary in a democratic society. 3. No one shall be persecuted because of his/her belief, religion or conscience, or be coerced into expressing his/her opinion thereon.
|
|
Article 32. Every citizen has the right to express his opinions, to propagate them verbal, by the public press, or by any other means without previous authority of the government. In this case he is only responsible to the court of justice for any crime committed. |
Article 20. 1. Every
individual's private life, home, personal papers, correspondence,
communication by telephone, and by other technical means, including
messages received through other technical means, shall be inviolable.
The above rights may be restricted only by a court decision, or in
absence of a court decision, if urgently necessary, as provided for by
law.
2. No one shall have the right to enter a place of residence or other possessions against the will of possessors, nor conduct a search unless there is a court decision or urgent necessity provided for by law. |
Article 17. Freedom of thought, information, mass media and internet. 1. Freedom of thought and the expression of thought shall be protected. No one shall be persecuted because of his/her thought or the expression of thought. 2. Everyone has the freedom to obtain and disseminate information. 3. Mass media shall be free. Censorship shall be impermissible. Neither the State nor particular individuals shall have the right to monopolise mass media or the means of dissemination of information. 4. Everyone shall have the freedom to access and use the internet. 5. The exercise of such rights shall be subject to such restrictions as are prescribed by law to the extent and insofar as is necessary in a democratic society, in order to ensure national security or public safety, territorial integrity, to prevent crime, to protect the rights of others, to prevent the disclosure of information acknowledged as confidential, or to ensure the independence and impartiality of the judiciary. 6. The independence of the Public Broadcaster from state agencies, and its freedom from political and substantial commercial influence, shall be ensured by law. 7. The institutional and financial independence of a National Regulatory Body created to guarantee pluralism in media, the exercise of rights to freedom of expression through mass media, the prevention of a monopoly within mass media or over the sources of disseminating information, and also to guarantee the protection of the rights of consumers and entrepreneurs operating in the field of broadcasting and electronic communication, shall be guaranteed by law. |
Article 17. Rights to freedom of opinion, information, mass media and the internet. 1. Freedom of opinion and the expression of opinion shall be protected. No one shall be persecuted because of his/her opinion or for expressing his/her opinion. 2. Every person has the right to receive and impart information freely. 3. Mass media shall be free. Censorship shall be inadmissible. Neither the State nor individuals shall have the right to monopolise mass media or the means of dissemination of information. 4. Everyone has the right to access and freely use the internet. 5. The restriction of these rights may be allowed only in accordance with law, insofar as is necessary in a democratic society for ensuring national security, public safety or territorial integrity, for the protection of the rights of others, for the prevention of the disclosure of information recognised as confidential, or for ensuring independence and impartiality of the judiciary. 6. The independence of the public broadcaster from state agencies and its freedom from political and substantial commercial influence shall be ensured by law. 7. The institutional and financial independence of the national regulatory body – established to protect media pluralism and the exercise of freedom of expression in mass media, prevent the monopolisation of mass media or means of dissemination of information, and protect the rights of consumers and entrepreneurs in the field of broadcasting and electronic communications – shall be guaranteed by law. |
|
Art. 23.
Article 24. 1. Every
individual has the right to freely receive and disseminate information,
to express and disseminate his opinion orally, in writing or in any
other form.
2. The mass media is free. Censorship is prohibited. 3. Monopolisation of the mass media or the means of dissemination of information by the state or natural persons is prohibited. 4. Clauses 1 and 2 of this Article can be restricted by law when conditions make it necessary to do so in order to guarantee and by the conditions necessary in a democratic society for the guarantee of state and public security, territorial integrity, prevention of crime, and the defence of rights and dignities of others, to avoid the revelation of confidentially received information or to guarantee the independence and impartiality of justice in a democratic society. |
||||
Article 18. Rights to fair administrative proceedings,
availability of public information, and rights to remedies for loss
inflicted by a public authority. 1. Everyone shall have the right to
a fair hearing of his/her case by an administrative body within a
reasonable period of time. |
Article 18. Rights to
fair administrative proceedings, access to public information,
informational self-determination, and compensation for damage inflicted
by public authority. 1. Everyone has the right to a fair hearing of
his/her case by an administrative body within a reasonable time. |
|||
Art. 40. Article 41. 1. Every citizen has the right, according to the law, to know information about himself which exists in state institutions as well as official records existing there, except for information containing state, professional or commercial secrets. 2. Information existing in official papers connected with health, finances or other private matters of an individual are not available to other individuals without the prior consent of the affected individual, except in cases determined by law, when it is necessary for the state and public security, defence of health, rights and freedoms of others. |
2. Any person shall have the right of access to information as determined by law, as well as to official documents about him/her stored in state institutions, unless they contain state secrets, or the commercial, professional or private secrets of other persons. 3. Any person shall have the right of access to information as
determined by law, as well as to official documents about him/her stored
in state institutions, unless they contain state, commercial or
professional secrets. |
2. Everyone has the right to be familiarised with information about him/her, or other information, or an official document that exists in public institutions in accordance with the procedures established by law, unless this information or document contains commercial or professional secrets, or is acknowledged as a state secret by law or in accordance with the procedures established by law as necessary in a democratic society to ensure national security or public safety or to protect the interests of legal proceedings. 3. The information contained in official records pertaining to an
individual’s health, finances or other personal matters shall not be
made available to anyone without the consent of the individual, except
as provided for by law and as is necessary to ensure national security
or public safety, or to protect public interests and health or the
rights of others. |
||
4. Any person shall be guaranteed full compensation for damage
unlawfully inflicted by the State, an Autonomous Republic, a local
self-government body, or a servant thereof, by way of court proceedings,
from the funds of the State, the Autonomous Republic, or local
self-governance, respectively.
|
4. Everyone shall be entitled to full compensation, through a court,
for damage unlawfully inflicted by the bodies of the state, the
autonomous republics and local self-governments, or their employees,
from state funds, the funds of the autonomous republics or the funds of
local self-governments, respectively.
|
|||
Art. 36. Article 37. The right of individual or collective petition is assured. | ||||
Art. 20.
Article 21. 1.
The right to inherit and own property is recognised and guaranteed. The
abrogation of the universal right of property, its acquisition, transfer
and inheritance is prohibited.
2. Restrictions on the rights mentioned in part 1 of this Article are
possible for social necessity as determined by law and established
right. |
Article 21.
(version 15/10/2010) 1. The right to own and inherit property shall be
recognised and inviolable. Abrogation of the universal right to
ownership, acquisition, alienation, or inheritance of property shall be
inadmissible.
2. The rights listed in paragraph 1 of this article may be restricted
for pressing social needs in the case and under the procedure provided
for by law so that the essence of property right is not violated. |
Article 19.
Right to ownership. 1. The right to own and inherit property shall
be recognised and guaranteed.
2. Such rights may be subject to restrictions in the cases provided
for by law and in accordance with established procedures insofar as is
necessary for the interests of the public. |
Article 19. Right to property. 1. The
right to own and inherit property shall be recognised and guaranteed.
2. This right may be restricted in cases defined by law and in
accordance with the established procedure for the public interest. |
|
Art. 113. Article 114. Forced expropriation or restriction of private enterprise can only tale place in virtue of a special law, which determines their manner, and only for the needs of the state and for public utility. The owners of property who have been expropriated will be indemnified, provided there are no dispositions to the contrary made by law. | 3. Confiscation of property because of social necessity is permissible in circumstances determined by law, by an order of court or through urgent necessity by organic law but only if full compensation is made. | 3. Property may be deprived for pressing social needs as provided for by
law, by court decision, or if urgently necessary under an organic law,
provided that preliminary, full, and fair compensation is made.
Compensation shall be exempted from any taxes and fees. |
3. Property may be deprived for pressing social needs as directly
provided for by law, by a court decision, or if urgently necessary under
an organic law, by way of preliminary, full, and fair compensation.
Compensation shall be exempted from any taxes and fees. |
3. The expropriation of property shall be admissible in cases of
pressing social need as directly provided for by law, based on a court
decision or in the case of urgent necessity established by the organic
law, provided that preliminary, full and fair compensation is paid.
Compensation shall be exempt from any taxes and fees. |
4. Agricultural lands, as a resource of special significance, may
only be in the ownership of the State, a self-government unit, a citizen
of Georgia, or a union of the citizens of Georgia. Exceptional cases may
be determined by an organic law, which shall be adopted by a majority of
two thirds of the total members of Parliament.
|
4. As a resource of special importance, agricultural land may be owned only by the State, a self-governing unit, a citizen of Georgia or an association of citizens of Georgia. Exceptional cases may be determined by the organic law, which shall be adopted by a majority of at least two thirds of the total number of the Members of Parliament. |
|||
Art. 22.
Article 23. 1. The freedom of intellectual
creativity and intellectual property rights are guaranteed. |
Article 20. Freedom of creativity, cultural heritage. 1. Freedom of creativity
shall be guaranteed. The right to intellectual property shall be
protected. |
|||
2. Interference in creative activity or censorship in this sphere is prohibited. 3. The prohibition of the distribution of, or seizure of creative work is not permissible, unless it violates the legal rights of other individuals. Art. 24. |
2. Interference in creative work or censorship in the field of
creative activity shall be impermissible.
3. The dissemination of creative work may be prohibited only by a
court decision, if dissemination of such work infringes the rights of
others. |
2.
Interference in the creative process and censorship in the field of
creative activities shall be inadmissible.
3. The dissemination of a creative work may be prohibited only based
on a court decision where such dissemination violates the rights of
others. |
||
Art. 37. Article 38. 1. Citizens of Georgia are equal in social, economic, cultural and political life regardless of national, ethnic, religious or language origin. According to universally recognised principles and norms of international law all have the right to develop their culture freely without any discrimination and interference. They may use their language in private and public life. 2. In accordance with universally recognised principles of international law, the exercise of minority rights should not oppose the sovereignty, integrity and political independence of Georgia. Art. 39. |
4. Everyone shall have the right to ensure the protection of cultural heritage. Cultural heritage shall be protected by law.
|
4. Everyone has the right to take care of protecting cultural
heritage. Cultural heritage shall be protected by law.
|
||
Art. 32.
Article 33. The citizens of Georgia have the right
of public assembly without arms, either indoors or in the open air.
|
Art. 24.
Article 25. 1. Every individual except members of
the armed forces, police and the security services has the right to hold
a public assembly without arms either indoors or in the open air without
prior permission. |
Article 25. 1. Everyone,
except those within the composition of military forces and the Ministry
for Internal Affairs, shall have the right to public assembly without
arms, either indoors or outdoors, without prior permission.
(version 23/12/2005) |
Article 21. Freedom to assemble. 1. Everyone, except those within the
composition of Defense Forces or bodies responsible for the protection
of national security and public safety, shall have the right to public
assembly without arms, without prior permission.
2. A law may determine the need for prior notification to a state authority if an assembly is to be held in places where there is movement of people or in a public thoroughfare. 3. A state authority may terminate an assembly only if the assembly assumes an unlawful character. |
Article 21. Freedom of assembly. 1.
Everyone, except those enlisted in the Defence Forces or bodies
responsible for state and public security, shall have the right to
assemble publicly and unarmed, without prior permission.
2. The law may establish the necessity of prior notification of authorities if an assembly is held on a public thoroughfare. 3. Authorities may terminate an assembly only if it assumes an unlawful character. |
Article 34. The
administration has the right to close any meeting if it becomes unlawful.
|
2. The need for prior notification of the authorities is determined by law, if a public assembly or manifestation is held on a public thoroughfare. 3. The government may halt a public assembly only if it becomes criminal in nature.
|
|||
Article 35. The citizens of the Georgian Republic have the right to form professional or other societies without previous authority of the government, provided that their object is not forbidden by law. The dissolution of such societies is only possible by order of a court of law. |
Article 26. 1. Every individual has the right to
create and join any association, including trade unions. |
Article 22. Freedom of association. 1. Freedom of association shall be
guaranteed. |
||
2. Citizens of Georgia have the right to create political parties or other political organisations and participate in their activities in accordance with organic law. 3. The creation and activities of such public and political entities whose goal is to overthrow or change the Constitutional order of Georgia by force, or violate the independence of the country or violate the country's territorial integrity or advocate war and violence, or attempt to induce ethnic, racial, social and national unrest is impermissible. 4. The creation of the para-military forces by public or political
organisations is prohibited. |
2. The liquidation of an association shall be permissible only by a
decision of the same association, or a court decision, and in the cases
and under the procedures provided for by law.
|
2. An
association may only be dissolved by its own or a court decision in
cases defined by law and in accordance with the established procedure.
|
||
5. Persons enrolled in the armed forces, intelligence service or the
forces of the Ministry of Internal Affairs or persons who have been
appointed as judges or procurators must cease membership in any
political organisation. |
5. A person enrolled in the
military forces or the bodies of internal affairs, or a person having
been appointed as a judge or as a prosecutor shall cease his/her
membership in any political association.
(version 23/12/2005) |
|||
6. The prohibition of activities of public and political organisations is possible only by court order under the circumstances and by the procedure determined by organic law. Art. 27. |
||||
Article 23. Freedom of political parties. 1.
Citizens of Georgia shall have the right to form a political party and
participate in its activities in accordance with an organic law. |
||||
2. A person enrolled in the Defense Forces or the bodies responsible
for the protection of national security or public safety, or a person
having been appointed as a judge, shall cease his/her membership in a
political party.
3. The formation and activities of a political party which aims to overthrow or forcibly change the constitutional order of Georgia, to infringe on the independence and territorial integrity of the country, or which propagandises war or violence, or provokes national, ethnic, provincial, religious, or social strife, shall be impermissible. The formation of a political party according to territorial affiliation shall be impermissible. 4. A political party may be prohibited only by a decision of the Constitutional Court in the cases and under the procedures provided for by an organic law.
|
2. The political party membership of persons enlisted in the Defence
Forces or bodies responsible for state and public security, and those
appointed as judges, shall be ceased.
3. The establishment and activity of a political party that aims to overthrow or forcibly change the constitutional order of Georgia, infringe on the independence or violate the territorial integrity of the country, or that propagates war or violence or incites national, ethnic, provincial, religious or social strife, shall be inadmissible. The establishment of a political party on a territorial principle shall be inadmissible. 4. The prohibition of a political party shall be admissible only by decision of the constitutional court, in cases defined by the organic law and in accordance with the established procedure.
|
|||
Art. 27.
Article 28. 1. A citizen who has attained the age of
18 has the right to participate in referenda and elections of state and
self-governing bodies. The freedom of constituents to express their will
is guaranteed. |
Article 24.
Right to elections. 1. Every citizen of Georgia, who has attained
the age of 18, shall have the right to participate in referenda and
elections of state bodies, the bodies of an autonomous republic, and
local self-government bodies. The free expression of the will of a voter
shall be guaranteed.
2. Citizens who have been placed in a penitentiary facility, on the basis of a court decision, and for an intentional and especially grave crime, or who have been recognised by a court decision as beneficiaries of support and have been placed in an appropriate inpatient facility, shall have no right to participate in elections and referenda. |
Article 24. Electoral right. 1. Every
citizen of Georgia who has attained the age of 18 shall have the right
to participate in referendums and elections of the bodies of the state,
autonomous republics and local self-governments. The free expression of
the will of a voter shall be guaranteed.
2. A citizen who, following a court judgment, is serving a sentence for a particularly serious crime in a penitentiary institution, or who has been recognised by a court decision as a beneficiary of support and admitted to an inpatient care facility, shall not have the right to participate in elections and referendums. |
||
2. Only individuals who are confirmed as ineligible by a court or who
have been deprived of their liberty by the due process of law, are
deprived of the right to participate in elections and referenda.
|
2. Citizens who have been
found legally incapable by court or who have been deprived of their
liberty by a court decision shall have no right to participate in
elections and referenda, except persons having committed crimes of
little gravity.
(version 27/12/2011)
|
|||
Art. 137.
|
||||
Article 138. Any Georgian citizen has access to all the offices if he satisfies the requirements of the law. |
Article 29. 1. Every citizen is allowed to hold any
official state position as long as he/she satisfies established
requirements. |
Article 25. Right to occupy an official position. 1. Every citizen of Georgia shall have the right to hold any public office if he/she meets the requirements established by law. The requirements for public service shall be defined by law. 2. A citizen of Georgia who is at the same time a citizen of any other state may not hold the office of President, Prime Minister, or Chairperson of the Parliament of Georgia. |
Article 25. Right to hold public office. 1. Every citizen of Georgia shall have the right to hold any public office if the individual meets the requirements established by legislation. Conditions for civil service shall be determined by law. 2. The office of the President, the Prime Minister and the Chairperson of the Parliament of Georgia may not be held by a citizen of Georgia who is simultaneously the citizen of a foreign country. |
|
Article 139. An officer may be relieved of his
office or incur disciplinary punishment by order of the institution or
chief. The rules as to his definite suspension are fixed by law.
|
11. A
citizen of Georgia who is at the same time a citizen of any foreign
country may not hold the office of President, Prime Minister, or
Chairperson of the Parliament of Georgia.
(version 15/10/2010) |
|||
Article 140. Every officer has the right of a pension. The terms under which an officer or his family have the benefit of a pension are fixed by law. |
2. The requirements for positions of state institutions are defined
by law.
|
|||
Article 141. Every officer is responsible to justice according to the principles of the common law. Any citizen has the privilege to arraign any officer who may be guilty. Any citizen has the right to be reimbursed by the state for any loss or damage caused by an officer in the exercise of the functions of his office. The proceedings and conditions of indemnification are by law. Chapter XVI. |
||||
Art. 132. Article 133. Any citizen of the Georgian republic has equal rights concerning the admission to the civil or military service of the state as well as to the service of towns and communities. | ||||
Art. 116.
Article 117. The existence of the State is based on
work, and it is therefore a particular duty of same to protect same.
|
Article 30. 1. Labour is free.
|
Article 26. Freedom of
labour, professional unions, right to strike and freedom of
entrepreneurship. 1. Freedom of
labour shall be guaranteed. Everyone shall have freedom to choose labour.
The right to safe labour conditions and other labour rights shall be
protected by an organic law. |
Article 26. Freedom of labour, professional unions,
right to strike and freedom of entrepreneurship. 1. Freedom of
labour shall be guaranteed. Everyone has the right to freely choose
their employment. The right to safe working conditions and other labour
rights shall be protected by the organic law. |
|
2. The state is obliged to foster conditions for the development of free enterprise and competition. Except in circumstances provided for by law the monopolisation of activity is prohibited. Consumer rights are protected by law.
|
see also sec. 4 | |||
Article 118. The laws of the Republic entrust the bodies of self-government with the work of establishing labor exchanges, employment agencies and similar institutions which shall keep statistics of unemployed persons and assist them to obtain work. The representatives of workers unions to the extent of half, at shall take part in the central direction of these institutions. |
3. On the basis of international agreements regulating labour
relationships, the state protects the labour rights of Georgian citizens
abroad. |
2. Everyone shall have the right to establish and join a trade union
as provided for by an organic law. |
2. Everyone has the right to establish and join trade unions in
accordance with the organic law. |
|
Art. 123.
Article 124. The employment of minors under 16 years
in establishments is forbidden; the working hours for minors between the
ages of 16 and 18 is fixed at 6 hours per day; minors under 18 and women
may not be employed in night work.
|
4. The defence of labour rights, legal payment and healthy working conditions, the working conditions of minors and women are determined by law. Art. 31. |
4. Organic law shall define protection of labour rights, fair
compensation for work and safe, healthy working conditions, as well as
working conditions for minors and women.
(version 15/10/2010)
|
see also sec. 1 sent. 3 | |
Article 125. The republic fixes the minimum rate of
wages and establish normal working conditions. It creates a special
inspection of work and sanitary control independent of the employers.
|
||||
Article 126. The protection of female labour will be
the object of a special law. The employment of women at work detrimental
to mater nity is forbidden. During the time of confinement the female
worker is excused from her work for least two months without suspension
of salary. It is the duty of an employer to permit his female worker to
the necessary time to their nurslings.
|
||||
Article 127. Any infraction of the laws giving protection to labour comes within the penal code. | ||||
Art. 37. Article 38. Workmen have the right to strike. | Art. 32. Article 33. The right to strike is recognised. Rules for exercising this right are determined by law which also provides for the continuance of work in areas deemed to be of vital importance. |
3. The right to strike shall be recognised. The conditions and
procedures for exercising such right shall be defined by an organic law. |
3. The right to strike shall be recognised. The conditions and
procedures for exercising this right shall be determined by the organic
law. |
|
see also art. 30 sec. 2 |
4. Freedom of entrepreneurship shall be guaranteed. Monopolistic activities shall be prohibited, except as permitted by law. Consumer rights shall be protected by law. |
4. Freedom of enterprise shall be guaranteed. Monopolistic activities shall be prohibited, except in cases permitted by law. Consumer rights shall be protected by law. |
||
Art. 118. Article 119. Citizens who are out of work shall have the assistance and help to procure work for them. | Art. 31. Article 32. The state must help the unemployed to find work. The conditions for the provision of a minimum standard of living and the status of the unemployed are determined by law. | |||
Art. 108. |
||||
Article 109. The arts and sciences and their institutions are free, and it is the duty of the State to protect them and to help in their development. |
||||
Article 110. Elementary instruction is gratuitous, general, and obligatory. The scholastic system is an organic whole where primary education serves as basis for secondary and for superior teaching. The teaching is in all its aspects laical.
|
Art. 341.
Article 35. 1. Each citizen has the right to
education. Freedom of choice in education is guaranteed. |
Article 27.
Right to education and freedom to choose education. 1. Everyone
shall have the right to education and the freedom to choose education.
2. Pre-school education shall be guaranteed by a procedure determined by law. Elementary and basic education shall be compulsory. General education shall be fully funded by the State as provided for by law. Citizens shall have the right to state-funded vocational and higher education under the procedure provided for by law. 3. The freedom to choose education shall be guaranteed. |
Article 27. Right to education and
academic freedom. 1. Everyone has the right to receive education and
the right to choose the form of education they receive.
2. Pre-school education shall be guaranteed in accordance with the procedures established by law. Elementary and basic education shall be compulsory. General education shall be fully funded by the State, in accordance with the procedures established by law. Citizens shall have the right to state-funded vocational and higher education, in accordance with the procedures established by law. 3. Academic freedom and the autonomy of higher educational institutions shall be guaranteed.
|
|
2. The state guarantees that educational programmes conform to international standards and rights. 3. The state guarantees pre-school education. Primary education is
mandatory for all. The state provides free primary education for all.
Citizens have the right to free secondary, professional and tertiary
education at state institutes within the frame work and by the rules
established in law. |
2. The State shall ensure harmony of the national educational
system within international educational environment.
(version 27/12/2006) 3. The State shall guarantee pre-school education as determined by law.
Elementary and basic education shall be compulsory. General education
shall be fully funded by the State according to law. Citizens shall have
the right to state-funded vocational and higher education under the
procedure and to the extent as provided for by law.
(version 27/12/2006) |
|||
Article 111. The state must see to it that indigent
children have free schooling food, clothing and school materials. The
government and the bodies of self-government must set aside yearly from
their resourced a certain sum for the defrayal of these expenses.
|
4. The state supports educational institutions as established in law. Art. 36. |
|||
Article 112. Private schools are subject to the general school laws. | ||||
Art. 43. Article 44. In case of serious epidemics the government has the right to suspend temporarily the constitutional guaranties in articles 22, 25, 26, and 30, in so far as this act is necessary to fight the epidemic. |
Art. 36. Article 37. 1. Everyone has the right to health insurance as a means of gaining medical assistance. In circumstances determined by law, free medical services are guaranteed. 2. The state supervises every health institution and the production and distribution of medicine. 3. Everyone has the right to live in a healthy environment and use
natural and cultural surroundings. Everyone is obliged to protect the
natural and cultural surroundings. |
Article 28. Right to health care. 1. A citizen's right to affordable and quality health care services shall be guaranteed by law. 2. The State shall exercise control over all healthcare institutions, as well as over the quality of medical services, and shall regulate pharmaceutical production and trading in pharmaceuticals. |
Article 28. Right to the protection of health. 1. The right of a citizen to affordable and quality health care services shall be guaranteed by law. 2. The State shall exercise control over all health care institutions and the quality of medical services, and shall regulate the production and circulation of pharmaceuticals. |
|
4. The state guarantees the protection of nature and the rational use of it to ensure a healthy environment, corresponding to the ecological and economic interests of society, and taking into account the interests of current and future generations. 5. Individuals have the right to complete, objective and timely information on their working and living conditions. |
4. Taking into account the interests of current and future
generations, the State shall guarantee environmental protection and
rational use of nature in order to ensure a safe environment for human
health and maintain sustainable development of the country in line with
the ecological and economic interests of society.
(version 15/10/2010) 5. Everyone shall have the right to complete, objective, and timely information about environmental conditions. (version 15/10/2010)
|
|||
Article 29. Right to protect the environment. 1.
Everyone shall have the right to live in a healthy environment and to
use the natural environment and public space. Everyone shall have the
right to obtain, in a timely manner, full information about
environmental conditions. Everyone shall have the right to ensure the
protection of the environment. Participation in the decision making
process with regard to environmental protection shall be guaranteed by
law. |
Article 29. Right to
environmental protection. 1.
Everyone shall have the right to live in a healthy environment and to
use the natural environment and public space. Everyone shall have the
right to obtain, in a timely manner, full information about
environmental conditions. Everyone shall have the right to ensure the
protection of the environment. Participation in the decision making
process with regard to environmental protection shall be guaranteed by
law. |
|||
2. Environmental protection, the rational use of natural resources,
and sustainable ecological development, shall be guaranteed by law by
taking into account the interests of current and future generations.
|
||||
Art. 39. Article 40. Marriage is based on equal rights and upon mutual consent of husband and wife .The form and rules of marriage are determined by law. Children born in or out of wedlock have the same rights and duties. The mother has the right to seek and prove the paternity of a natural child by way of the courts, and this child by way of the courts, and this child has the same right to seek and prove the paternity. |
Art. 35. Article 36. 1 Marriage is based upon equality of rights and the free will of spouses. 2. The state supports the prosperity of the family. |
Article 30. Right to marry and rights of mothers and
children. 1. Marriage, as a union of a man and a woman for the
purposes of building a family, shall be based on equality of rights and
the free will of spouses. |
Article 30. Right to
marry , rights of mothers and children. 1. Marriage, as a union of a
woman and a man for the purpose of founding a family shall be based on
the equality of rights and the free will of spouses. |
|
Art. 127. Article 128. It is incumbent on the Republic and the bodies of self-government to insure the protection of mothers and children. |
3. The rights of mothers and children are protected by law. Art. 37. |
2. The rights of mothers and children shall be protected by law.
|
||
Art. 39. Article 40. 1. Each individual is considered innocent until proven guilty through the due process of law. 2. No individual is obliged to prove his innocence. 3. A person can only be proven guilty if the evidence is incontrovertible. Every suspicion or allegation not proven by the procedure established by law must be decided in favour of the defendant. Art. 41. |
||||
Art. 41.
Article 42. 1. Each individual has the right of
appeal to the courts to protect his rights and freedoms. |
Article 31. Procedural rights. 1. Everyone shall have the right to apply to a
court for the protection of his/her rights. The right to hear a case in
a fair and timely manner shall be guaranteed. |
Article 31. Procedural rights. 1.
Every person has the right to apply to a court to defend his/her rights.
The right to a fair and timely trial shall be ensured. |
||
Art. 19.
Article 20. Nobody can be condemned except by way of
the judiciary, with the exception of disciplinary punishments provided
for by law.
|
2. Every individual can only be judged by the court which has
jurisdiction over the particular case. |
2. Everyone shall be tried only by a court that has jurisdiction over
the particular case. |
2. Every person shall be tried only by a court that has jurisdiction
over the case. |
|
Article 21. All citizens are judged by the same form of procedure. | ||||
3. The right to defence is guaranteed.
|
3. The right to a defense shall be guaranteed. Everyone shall have the right to defend their rights in court personally or through an advocate, and, in the cases provided for by law, through a representative. The unhindered exercise of the rights of an advocate and the right of advocates to self-organisation shall be guaranteed by law. 4. An accused shall have the right to request the attendance and
examination of witnesses on his/her behalf under the same conditions as
the prosecution witnesses. |
3. The right to defence shall be guaranteed. Everyone has the right to defend his/her rights before a court in person or through a lawyer, or through a representative in cases defined by law. The unrestricted exercise of the rights of a lawyer, as well as the right of lawyers to self-organisation, shall be guaranteed by law. 4. The defendant shall have the right to request that his/her
witnesses be called and interrogated under the same conditions as the
witnesses of the prosecution. |
||
4. No individual can be brought to court twice for the same case.
|
5. An individual shall be presumed innocent until found guilty as provided for by law, by a final court judgment of conviction. 6. No one shall be obliged to prove his/her innocence. The burden of
proof shall rest with the prosecutor. |
5. A person shall be presumed innocent until proved guilty, in accordance with the procedures established by law and the court’s judgment of conviction that has entered into legal force. 6. No one shall be obliged to prove his/her innocence. The burden of
proof shall rest with the prosecution. |
||
5. No individual has to answer for an action if it was not considered a violation of law at the moment it was performed. Laws that do not reduce or abrogate responsibility have no retroactive force. 6. Anybody charged with a criminal offence has the right to obtain the attendance and examination of witnesses on his behalf under the same conditions as those of the prosecution. 7. Evidence obtained by breaking the law is inadmissible and has no legal force. 8. No individual is obliged to give evidence against himself or his
relative as defined by law. |
7. A decision to commit an accused for trial shall be based on reasonable presumption, and a judgment of conviction shall be based on incontrovertible evidence. Any suspicion that cannot be proved as provided for by law shall be resolved in favour of the accused. 8. No one shall be tried twice for the same offence. 9. No one shall be held responsible for an action that did not constitute an offence at the time it was committed. No law shall have retroactive force unless it reduces or abrogates responsibility. 10. Evidence obtained unlawfully shall have no legal force. 11. No one shall be obliged to testify against themselves or against their familiars that are determined by law.
|
7. A decision to commit an accused for trial shall be based on a reasonable belief, and a judgment of conviction shall be based on incontrovertible evidence. Any suspicion that cannot be proved in accordance with the procedures established by law shall be resolved in the defendant’s favour. 8. No one shall be convicted again for the same crime. 9. No one shall be held responsible for an action that did not constitute an offence at the time when it was committed. No law shall have retroactive force unless it reduces or abrogates responsibility. 10. Evidence obtained in violation of the law shall have no legal force. 11. No one shall be obliged to testify against himself/herself or against his/her relatives, as determined by law.
|
||
9. Any individual who suffers damage illegally caused by the state, self-governing bodies or officers is guaranteed full compensation through the court from state resources. |
9. Any person, who has illegally sustained damage inflicted by the
State, Autonomous Republics, or self-government bodies and officials,
shall be guaranteed by the court to receive full compensation
accordingly from the funds of the State, Autonomous Republic, and local
self-government. (version 15/10/2010)
|
|||
Art. 11.
|
ee also art. 13
sec. 1 |
Article 32. Citizenship of Georgia. 1. Georgia shall protect its citizens
regardless of their whereabouts. |
Article 32. Citizenship of Georgia. 1.
Georgia shall protect its citizen regardless of his/her location. |
|
Article 12. The Georgian citizenship is acquired by birth, by birth, or by naturalization. |
Chapter 2.
Article 12. 1. Citizenship is conferred by birth or
by naturalisation. |
2. Citizenship of Georgia shall be acquired by birth or
naturalisation. The procedures for obtaining and losing the citizenship
of Georgia, the conditions and procedures for granting the citizenship
of Georgia to a citizen of another state, and the conditions of holding
the citizenship of another state by a citizen of Georgia, shall be
determined by an organic law. |
2. (effective since 2 April 2018)
Citizenship of Georgia shall be acquired by birth or
naturalisation. The procedures for acquiring and losing the citizenship
of Georgia, the conditions and procedures for granting citizenship of
Georgia to a foreign citizen and the conditions for holding citizenship
of another state by a citizen of Georgia shall be determined by the
organic law. |
|
Article 13. A Georgian citizen can not be at the
same time the citizen of any other state.
|
2. A citizen of Georgia may not simultaneously be a citizen of
another country. |
|||
Article 14. A Georgian citizen can not renounce his
nationality except after having fulfilled all his obligations to the
state.
|
||||
Article 15. The detailed conditions of acquiring and loss of the citizenship shall be determined by law. | 3. The procedures for naturalisation and loss of citizenship are
determined by organic law.
|
|||
Article 13. 1. The state shall protect its citizens
irrespective of their location. |
see also art. 32
sec. 1 |
|||
2. No person may be deprived of his citizenship.
3. The expulsion of a citizen from the country is prohibited. 4. The extradition of a citizen of Georgia to another country is prohibited, except in cases defined by treaty. A decision on extradition may be appealed in court. |
3. No one shall be deprived of his/her citizenship.
4. The expulsion of a citizen of Georgia from Georgia shall be impermissible. 5. The transfer of a citizen of Georgia to another state shall be impermissible, except as provided for by an international agreement. A decision on the transfer of a citizen may be appealed in a court.
|
3. The
deprivation of citizenship shall be inadmissible.
4. The expulsion of a citizen of Georgia from Georgia shall be inadmissible. 5. The transfer of a citizen of Georgia to a foreign state shall be inadmissible except in cases provided for by an international treaty. The decision to transfer a citizen may be appealed to the court.
|
||
Art. 46. Article 47. 1. Foreign citizens and stateless persons living in Georgia have the rights and obligations equal to the rights and obligations of citizens of Georgia with some exceptions envisaged by the Constitution and law. |
Article 33. Rights of aliens and stateless persons. 1. Citizens of other states and stateless persons living in Georgia shall have rights and obligations equal | |||
to those of the citizens of Georgia except as provided
for by the Constitution and law. |
to those of
citizens of Georgia except in cases provided for by the Constitution and
law. |
|||
see also art. 27. |
2. The State may impose restrictions on the political activities of
citizens of other states and stateless persons. |
2. The State shall be entitled to impose restrictions on the political activities of citizens of other states and stateless persons.
|
||
Art. 40.
Article 41. No fugitive for political reasons and
who takes refugee in this Republic can be extradited.
|
2. As determined by law and in accordance with universally recognised norms of international law, Georgia gives asylum to foreign citizens and stateless persons. 3. Extradition of a person who has been given asylum to another state, who is pursued on political grounds or pursued for an activity which is not regarded as a crime by the legislation of Georgia is prohibited.
|
3. Georgia shall grant asylum to citizens of other states and stateless persons in accordance with universally recognised rules of international law, as provided for by law. 4. The exile and extradition of a person from Georgia, which contravenes universally recognised principles and norms of international law, shall be impermissible.
|
3. Georgia shall grant asylum to citizens of other states and stateless persons in compliance with universally recognised norms of international law, in accordance with the procedures established by law. 4. The expulsion or extradition of persons from Georgia in violation of universally recognised principles and norms of international law shall be inadmissible.
|
|
Article 42. All official and private persons guilty of infractions of the above lows aimed at the rights of the citizens will be prosecuted according to the penal code. | ||||
Art. 26. Article 27. The state is authorised to establish restrictions on the political activity of citizens of foreign countries and stateless persons. |
see also art. 33
sec. 2 |
|||
Art. 38. Article 39. The Constitution does not deny other universally recognised rights, freedoms and guarantees of the individual and citizen, which are not specifically stated, but are the natural outcome of the principles contained within the Constitution. | ||||
Art. 128.
|
||||
Article 129. It is forbidden to bring any obstacle
to the free social development, economic and cultural, of the ethnical
minorities of Georgia, especially to the teaching in their mother
language and the interior management of their own culture. Everybody has
the right to his mother tongue in writing printing and speaking.
|
||||
Article 130. All local ethnical minorities formed
into united administration enjoy the right to group themselves and form
national unions for organizing and directing their cultural matters
within the light of the constitution and the law. The local ethnical
minorities which do not belong to united administrations may constitute
themselves independently into an ethnical union, enjoying the
competencies mentioned in this article. One is under jurisdiction of an
ethnical union for reason of the language one speaks. The cultural needs
of the ethnical minorities are met by sums levied on the budget of
self-government in proportion in the number interested.
|
||||
Article 131. Nobody shall be restricted in his
rights, civil or political for the reason of belonging to an ethnical
minority.
|
||||
Article 132. Any ethnical union may bring before a court of justice any matter in violation of the conferred to the minorities by the constitution or by law. | ||||
Art. 133.
Article 134. In
localities of a mixed population the bodies of self-government, are
obliged, with the funds at their disposal, to create a sufficient number
of schools and establishment of instructions and general education in
proportion to the ethnical composition of its population.
|
||||
Article 135. Instruction in all schools belonging to
an ethnical minority shall be given in the language in which its pupils
speak.
|
||||
Article 136. In a circumscription submitted to a body of self-government where the proportion of the ethnical minority exceeds 20 per cent of communal and state affairs run concurrently, the official language, if the minority desires it, shall be the language of the said minority. |
||||
Article 137. Any deputy of non-Georgian origin not knowing the official language sufficiently for expressing his opinions in parliament may use his native language on condition that he has previously submitted to the bureau of parliament an exact translation of his speech. The application of this article shall be regulated by law. |
||||
Art. 44. Article 45. The main rights and freedoms enunciated in the Constitution apply to corporate bodies as well as to individuals. |
Article 34. General principles for guaranteeing
fundamental human rights. 1. The fundamental human rights referred
to in the Constitution, in terms of the context thereof, shall apply to
legal persons as well. |
Article 34. General
principles for ensuring fundamental human rights. 1. The fundamental
human rights referred to in the Constitution, in terms of their contents,
shall also apply to legal persons. |
||
Art. 43.
Article 44. 1. Every
individual living in Georgia is obliged to obey the constitution and
legislation of Georgia.
2. The exercise of the rights and freedoms of one individual shall not violate the rights and freedoms of others. |
2. The exercise of human rights shall not infringe on the rights of others. 3. The restriction of fundamental human rights shall comply with the value of a legitimate aim, the achievement of which it serves.
|
2. The exercise of fundamental human rights shall not violate the rights of others. 3. The restriction of a fundamental human right shall be commensurate with the significance of the legitimate aim that it serves.
|
||
Art. 42.
Article 43. 1. The
defence of human rights and freedoms within the territory of Georgia is
supervised by the Public Defender, who is elected for five years by the
majority of the whole of Parliament.
2. The Public Defender is authorised to reveal facts about the violation of human rights and freedoms and to report on it to corresponding bodies and individuals. 3. The power of the Public Defender is determined by organic law. Art. 44. |
Article 35. Public Defender of Georgia. 1. Supervision over the protection of human rights within the territory of Georgia shall be exercised by the Public Defender of Georgia who shall be elected for a six-year term by a majority of three fifths of the total number of members of Parliament (‘the MPs’). The same person may not be re-elected as a Public Defender twice consecutively. 2. Any hindering of the activities of the Public Defender shall be punishable by law. 3. The arrest or detention of the Public Defender, the search of his/her place of residence, vehicle, workplace, or any personal search, shall be permissible only with the consent of Parliament. An exceptional case shall be where the Public Defender is caught in flagrante delicto , about which Parliament shall be notified immediately. In the case of detention, unless the Parliament of Georgia gives its consent, the Public Defender shall immediately be released. 4. The powers of the Public Defender shall be determined by an organic law. |
Article 35. Public Defender of Georgia. 1. Supervision of the protection of human rights within the territory of Georgia shall be exercised by the Public Defender of Georgia, who shall be elected for a term of 6 years by a majority of at least three fifths of the total number of the Members of Parliament. The same person shall not be elected as a Public Defender consecutively. 2. Hindering the activities of the Public Defender shall be punishable by law. 3. The arrest or detention of the Public Defender, or searches of his/her place of residence, place of work, vehicle or person, shall be permitted only with the consent of Parliament, except if the Public Defender is caught at the crime scene, in which case Parliament shall be notified immediately. In such cases, the Public Defender shall be released immediately unless Parliament consents to the detention. 4. The powers of the Public Defender shall be defined by the organic law. |
||
Art. 44.
Article 45. The rights and guaranties enumerated in
the constitution do not exclude other rights and guaranties, although
not yet formulated, but nevertheless run along the principles
established by the constitution.
|
||||
Chapter IV.
|
Chapter Three
|
|||
Article 46. The representative body of the Georgian Republic is the Parliament of Georgia, composed of deputies elected by universal, equal, direct, secret, and proportional voting. Every citizen, without distinction of sex, enjoying all his rights and being over 20 years old has the right to take part in the elections. The parliament is elected for three years. |
Article 48. The Parliament of Georgia is the
supreme representative body of the country which exercises legislative
power, determines the main directions of domestic and foreign policy and
exercises general control over the Cabinet of Ministers and other
function s within the framework determined by the Constitution.
|
Article 36. Status and authority of Parliament. 1 The
Parliament of Georgia shall be the supreme representative body of the
country. It shall exercise legislative power, determine the main
directions of domestic and foreign policy, exercise control over
Government activity within the realm of the Constitution, and perform
other duties. |
Article 36. Status and
authority of Parliament. 1. The Parliament of Georgia is the supreme
representative body of the country that exercises legislative power,
defines the main directions of the country’s domestic and foreign
policies, controls the activities of the Government within the scope
established by the Constitution, and exercises other powers. |
|
Article 49. 1. The Parliament of Georgia consists of
one hundred and fifty deputies elected for a term of four years by a
proportional system and eighty five elected by a majoritarian system for
a period of four years on the basis of free, universal, equal and direct
suffrage by secret ballot. |
see also art. 37
sec. 2 |
see also art. 37
sec. 2 |
||
2. A citizen having attained the age of twenty five and with the
right to vote, may be elected as a Member of Parliament. |
||||
Art. 59. Article 60. The parliament fixes itself by regulating the procedure of its discussions. | 3. The internal structure of Parliament and its activities are determined by the regulations of Parliament. |
2. Procedures for the operation of Parliament shall be determined by
the Parliamentary Rules, which shall be adopted by a majority of the
total members of Parliament on the basis of an initiation made by a
member, or a committee of Parliament, or by a parliamentary faction. The
Parliamentary Rules shall have the force of law if signed and published
by the chairperson of the Parliament.
|
2. The procedures for the functioning of Parliament shall be determined
by the Rules of Procedure of Parliament, which is adopted by a majority
of the total number of the Members of Parliament based on the initiative
of a member, a committee or a faction of Parliament. The Rules of
Procedure shall have the force of law and shall be signed and
promulgated by the Chairperson of Parliament.
|
|
Art. 53.
Article 54. The powers of parliament are the
following: a) Legislation. b) Supreme direction of the army of the Republic and in general of all the armed forces. c) Declaration of war. d) Ratification of treaties of peace, commerce, or other treaties with foreign powers. e) The right of amnesty. f) Making of the budget. g) The right to make interior or foreign loans. h) Appointment of officials as provided by the constitution. i) General control of the executive power. |
||||
Art. 3. Article 4. 1. After appropriate conditions have been created and local self-government bodies have been formed throughout the territory of Georgia, 2 chambers shall be set up within the Parliament of Georgia: the Council of Republic and the Senate. 2. The Council of Republic shall consist of members elected under the
principle of proportionality. |
Article 37. Parliamentary elections. 1. After the
complete restoration of jurisdiction of the State of Georgia throughout
the entire territory of Georgia, Parliament shall be composed of two
chambers: the Council of Republic and the Senate. The Council of
Republic shall consist of members elected under the principle of
proportionality. The Senate shall consist of members elected from the
Autonomous Republic of Abkhazia, the Autonomous Republic of Ajara, and
other territorial units of Georgia, as well as of five members appointed
by the President of Georgia. The composition, powers, and electoral
procedure of the chambers shall be defined by an organic law. |
Article 37. Parliamentary elections. 1.
Following the full restoration of Georgia’s jurisdiction throughout the
entire territory of Georgia, two chambers shall be established within
Parliament: the Council of the Republic and the Senate. The Council of
the Republic shall be composed of members elected by a proportional
system. The Senate shall be composed of members elected from the
Autonomous Republic of Abkhazia, the Autonomous Republic of Ajara and
other territorial units of Georgia, and five members appointed by the
President of Georgia. The composition, powers, and procedures for the
election of chambers shall be determined by the organic law. |
||
3. The Senate consists of members elected from Abkhazia, Adjaria and
other territorial units of Georgia as well as five members appointed by
the President. |
3. The Senate consists of members elected from the Autonomous Republic
of Abkhazia, the Autonomous Republic of Ajara and
other territorial units of Georgia as well as five members appointed by
the President. (version
10/10/2002) |
|||
4.The composition, powers, and election procedure of the chambers shall be defined by an organic law. | ||||
2. Before the conditions under the first paragraph of this article
have been created, Parliament shall consist of 150 members elected by a
proportional voting system on the basis of universal, free, equal and
direct suffrage, by secret ballot, for a term of four years, in a
multi-seat electoral district. |
2. Before the condition provided for by paragraph 1 of this article
is created, Parliament shall be composed of 150 Members of Parliament
elected in a single multi-mandate electoral district for a term of 4
years by a proportional system on the basis of universal, free, equal
and direct suffrage, by secret ballot. |
|||
Art. 49.
Article 50. 1. The right to run in elections is
granted to citizens' political organisations registered in accordance to
law, whose initiative is supported by the signatures of not less than 50
000 voters or which has a representative in the Parliament at the time
elections are called. The right to run in elections through the
majoritarian system is recognised if the individual is supported by 1000
signatories or if the individual was elected a Member of Parliament in
the previous elections. |
see also art. 37 sec. 5 |
see also art. 37
sec. 5 |
||
2. The mandates of Members of Parliament shall be distributed only
among those political parties and electoral blocks which receive at
least 5% of the votes of those who participate in the elections held
under the proportional system. |
see also art. 37
sec. 6 |
see also art. 37
sec. 6 |
||
3. Regular elections for Parliament are held at least 15 days before
the expiration of its term. If the date for holding the elections falls
during a state of emergency or a martial law, elections are held in not
more than sixty days after the end of this situation. The President sets
the date for an election at least sixty days before such an election.
|
3. Regular parliamentary elections shall be held on the last Saturday
of the month of October in the calendar year when the Parliament’s term
of office expires. In the case of the dismissal of Parliament, elections
shall be conducted not earlier than the 45th day and not later than the
60th day after its dismissal. If an election due date coincides with a
state of emergency or martial law, the election shall be held not
earlier than the 45th day and not later than the 60th day after the
state of emergency or martial law have been lifted. |
3. Regular parliamentary elections shall be held on the last Saturday
of October of the calendar year in which the term of Parliament expires.
In case of the dissolution of Parliament, elections shall be held no
earlier than the 45 th day and no later than the 60 th day after the
dissolution of Parliament. If the election date coincides with a state
of emergency or martial law, elections shall be held no earlier than the
45 th day and no later than the 60 th day after the state of emergency
or martial law has been revoked. |
||
4. The authority of the previous Parliament ceases immediately after
the first meeting of the newly elected Parliament |
||||
4. A citizen of Georgia who has a right to vote and who has attained
the age of 25, and has lived in Georgia for at least 10 years, may be
elected as a Member of Parliament. A person whose liberty has been
restricted by a court judgment may not be elected as a Member of
Parliament. |
4. Any citizen of Georgia having the electoral right, who has
attained the age of 25 and who has lived in Georgia for at least 10
years, may be elected as a Member of Parliament. A person who has been
sentenced to imprisonment by a court judgment shall not be elected as a
Member of Parliament. |
|||
5. A political party registered as determined by law, which has an MP elected on its nomination by the time of the appointment of elections, or which is supported by the signatures of no less than 25,000 voters under an organic law, shall have the right to stand for parliamentary elections. 6. The seats of MPs shall be distributed among those political parties which have received at least 5% of the votes of voters participating in the election. In order to determine the number of seats received by a political party, the number of votes received by that party shall be multiplied by 150 and divided by the total number of votes cast for all political parties. The integer of the resulting number is the number of seats received by the political party. If the total of the number of seats obtained by political parties is less than 150, the undistributed seats shall be obtained by the political party which has received the most votes. 7. The number of undistributed seats obtained by a party under the procedure provided for by the sixth paragraph of this article cannot exceed 35 per cent of basic seats obtained by it, except where it would obtain more than 35 per cent of basic seats if the distribution of undistributed seats were proportional. The undistributed seats which are not distributed to such party, shall be proportionally distributed to other parties that have obtained at least five per cent of votes of voters participating in the election. If the party obtained more than 35 per cent of basic seats under conditions of the proportional distribution of undistributed seats, all undistributed seats shall be proportionally distributed to all parties who obtained at least five per cent of votes of voters participating in the election. 8. A party will not be able to obtain more than 89 seats under the procedure provided for by the sixth and seventh paragraphs of this article except where the party would obtain more than 89 seats under conditions of the proportional distribution of undistributed seats. The 90th and each following undistributed seat, which cannot be obtained by the party in question, shall be proportionally distributed among other parties which have obtained at least five per cent of the votes of voters participating in the election. If the party obtained more than 89 seats under conditions of the proportional distribution of undistributed seats, all undistributed seats shall be proportionally distributed to all parties which obtained at least five per cent of the votes of voters participating in the election. 9. If a party fails to obtain more than 75 seats under the procedures
provided for by the sixth and seventh paragraphs of this article, all
undistributed seats shall be proportionally distributed to all parties
which have obtained at least five per cent of the votes of voters
participating in the election. |
5. A political party that is registered in accordance with the procedures established by law shall have the right to participate in the parliamentary elections if it has a Member of Parliament who has been elected through the party’s nomination by the date when the elections are scheduled, or if it is supported by the signatures of at least 25 000 voters, in accordance with the procedures established by the organic law. 6. The mandates of Members of Parliament shall be distributed only to
those political parties that receive at least 5 % of valid votes cast in
the elections. To determine the amount of mandates received by a
political party, the amount of votes received by this party shall be
multiplied by 150 and divided by the total number of votes received by
all political parties that received at least 5 % of valid votes cast in
the elections. The integer part of the number thus derived is the amount
of mandates received by the political party. If the total amount of
mandates received by political parties is fewer than 150, the political
parties with the best results shall receive the undistributed mandates
in a successive manner. |
|||
Art. 46. Article 47. The rules of a legislative election are laid down by a special law. | 5. The procedure for the election of a Member of Parliament and also his ineligibility to participate in elections is determined by the Constitution and organic law. | 10. The procedures for parliamentary elections shall be determined by an organic law. | 7. The procedure for the election of Parliament shall be determined by the organic law. | |
Art. 57. Article 58. The openings of parliamentary sessions necessitate the presence of at least half of the total number of Deputies. |
Article 51. The first
sitting of the newly elected Parliament shall be held within 20 days
after the elections. The day of the first sitting is determined by the
President. The Parliament will begin its work when the election of two
thirds of the Members of Parliament has been confirmed.
|
Article 38. First meeting of parliament and termination of powers. The first meeting of a newly elected parliament shall be held not later than the 10th day after the results of parliamentary elections have been officially declared. The first meeting shall be called by the President of Georgia. Parliament shall be entitled to start working at the first meeting if a majority of members of Parliament is present at the meeting. The previous term of Parliament shall be terminated from this moment. Parliament shall be granted full authority from the moment the powers of two thirds of MPs are recognised. |
Article 38. First meeting of Parliament and termination of powers. The first meeting of the newly elected Parliament shall be held no later than the 10th day after the results of the parliamentary elections have been officially announced. The first meeting of Parliament is called by the President. Parliament shall be authorised to start work at the first meeting if the majority of the total number of the Members of Parliament is present at the meeting. Parliament shall acquire full powers once this is acknowledged by two thirds of the Members of Parliament. The powers of the previous Parliament shall be terminated from this moment. |
|
Art. 55. Article 56. Parliament decides itself the validity of the election of its members and resolves on all questions relative thereto. | ||||
Art. 51. Article 52. The sovereignty belonged to the entire nation. Parliament exercises this sovereignty within the limits fixed by the constitution. |
Article 52. 1. A Member of Parliament of Georgia is
the representative of the whole of Georgia and exercises a free mandate.
His recall is impermissible. |
Article 39. Members of Parliament. 1. An MP is the representative of all
Georgia. He/she shall enjoy a free seat and cannot be recalled. |
Article 39.
Member of the Parliament of Georgia. 1. A Member of the
Parliament of Georgia is a representative of all Georgia. He/she shall
enjoy a free mandate and shall not be recalled. |
|
Art. 47.
Article 48. Members of parliament are not held
responsible for opinions expressed by them during the term of their
office. The person of a member of parliament is inviolable. He can
neither be arrested nor indicated without consent of parliament. An
exception is made in the case of “flagrante delicto”, which must be
brought immediately to the knowledge of parliament. A member arrested or
indicated must be released immediately if parliament so desires.
|
2. Bringing an action against a Member of Parliament, his detention
or arrest, or the search of his person, place of residence, car or
workplace is permissible only with the consent of the Parliament, except
in cases where he is caught in the commissi on of a crime. In such a
case Parliament must be notified immediately. If Parliament does not
agree to the Members detention, he must be released immediately. |
2. The arrest or detention of an MP, the search of his/her place of
residence, workplace, vehicle, or any personal search, shall be
permissible only with the prior consent of Parliament. An exceptional
case shall be where an MP is caught in flagrante delicto, about which
Parliament shall be notified immediately. Unless Parliament gives its
consent within 48 hours, an arrested or detained MP shall be released
immediately. |
2. The
arrest or detention of a Member of Parliament, or searches of his/her
place of residence, place of work, vehicle or person, shall be permitted
only with the prior consent of Parliament, except when a Member of
Parliament is caught at the crime scene, in which case Parliament shall
be notified immediately. Unless Parliament consents to the detention
within 48 hours, the arrested or detained Member of Parliament shall be
released immediately. |
|
Article 49. Members of parliament may refuse to bear witness about facts which may have been entrusted to them in their quality of deputies. This right may be invoked even after the expiration of their term of office. |
3. A Member of Parliament has the right not to give evidence on facts disclosed to him as a Member of Parliament. No seizure of documents connected with this matter may take place. A Member of Parliament retains this right after the expiration of his term. 4. A Member of Parliament is not answerable for the ideas and opinions expressed in and out of Parliament while performing his duties.
|
3. An MP shall have the right not to testify about facts disclosed to
him/her as an MP. Written materials associated with any such matter
shall not be seized. An MP shall reserve these rights even after his/her
term of office expires. An MP shall not be held liable before law for
his/her opinions expressed inside or outside Parliament while performing
his/her duties. An MP shall be guaranteed the unhindered exercise of
his/her powers. An MP shall receive a salary as determined by law. State
bodies shall ensure the personal safety of an MP based on his/her
application. Impeding an MP from exercising his/her powers shall be
punishable by law. |
3. A Member
of Parliament shall have the right not to testify about facts disclosed
to him/her in his/her capacity as a Member of Parliament. The seizure or
extraction of written materials related to this issue shall be
inadmissible. This right shall be retained by a Member of Parliament
after his/her term of office expires. A Member of Parliament shall not
be held liable for the views expressed inside or outside Parliament
while performing his/her duties. The conditions of unhindered exercise
of powers by a Member of Parliament shall be insured. A Member of
Parliament shall receive remuneration prescribed by a legislative act.
Respective state bodies shall ensure the personal safety of a Member of
Parliament based on his/her application. Hindering the exercise of
powers of a Member of Parliament shall be punishable by law. |
|
5. The conditions allowing a Member of Parliament to carry out his duties are guaranteed. State bodies guarantee his personal security. 6. Preventing a Member of Parliament from carrying out his duties is punishable by law.
|
||||
Art. 50. Article 51. The cases of incompatibility between the office of deputy and the exercise of a public office or whatsoever profession shall be determined by law. |
Article 53. 1. A Member of Parliament may not occupy any position in a state office or carry out entrepreneurial activities. Cases of incompatibility are determined by law. 2. In the event of a violation of the preceding clause the individual
will cease to be a Member of Parliament. |
4. An MP shall have no right to hold a public service position or
engage in entrepreneurial activity. An MP may carry out public
activities. An MP may carry out scientific and teaching activities, and
activities in the cultural field, unless such activities involve the
fulfilment of administrative functions. Conflicts of interest shall be
defined by the Parliamentary Rules. |
4. A Member
of Parliament shall not have the right to hold any office in civil
service or to be engaged in entrepreneurial activities. A Member of
Parliament may be engaged in public activities. A Member of Parliament
may be engaged in academic, pedagogical and artistic activities if these
activities do not envisage performing administrative functions. Cases of
conflict of interests shall be defined by the Rules of Procedure of
Parliament. |
|
Art. 49. Article 50. Members of parliament receive an indemnity fixed by law. |
3. Members of Parliament receive a salary as determined by law.
|
see also art. 37 sec. 3 sentence 6 | see also art. 37 sec. 3 sentence 6 | |
Article 54. 1. Any
question of the recognition of the authority of a Member of Parliament,
or the pre-term expiration of his duties, is decided by the Parliament.
This decision may be appealed to the Constitutional Court.
2. The pre-term expiration of duties of a Member of Parliament is
possible in the following cases:
|
5. The recognition or early termination of office of an MP shall be
settled by Parliament. Such decision of Parliament may be appealed to
the Constitutional Court. The office of an MP shall be terminated early
if he/she:
|
5. Issues of the recognition
or early termination of the powers of a Member of Parliament shall be
decided on by Parliament. The decision of Parliament may be appealed to
the Constitutional Court. The powers of a Member of Parliament shall be
terminated early if he/she: a) submits a personal application for terminating his/her powers to Parliament; b) holds a position incompatible with his/her status or is engaged in incompatible activity; c) fails to attend without good reason more than half of the regular sittings during regular sessions; d) has been convicted by a court judgment that has entered into legal force; e) has been recognised as a beneficiary of support by a court decision and admitted to a respective inpatient care facility, or has been recognised as missing or declared dead by a court; f) dies; g) loses citizenship of Georgia; h) is subject to the termination of his/her powers by a decision of the Constitutional Court.
|
||
Article 55. 1. The Parliament of Georgia for the term of its authority, in accordance to the rules determined by its procedure, elects the Chairman and the Deputy Chairmen of the Parliament, by secret ballot among them one from Abkhazian and one from Adjarian Memb ers of Parliament by their nomination. 2. The Chairman leads the work of the Parliament, guarantees the free expression of opinions, signs acts adopted by Parliament and performs other duties envisaged by its regulations. 3. The Deputy Chairmen perform the duties of the Chairman by the Chairman's order, in case of the Chairman's inability to exercise his authority or his dismissal. 4. The Chairman on behalf of the Parliament performs the complete administrative functions in the House of Parliament by the procedures envisaged by its regulations. |
Article 40. Chairperson and deputy chairperson of the Parliament of Georgia. 1. Parliament shall elect the chairperson of the Parliament with a term of office, through the procedures defined by the Parliamentary Rules, and through secret ballot, and by a majority of the total members of Parliament. The chairperson of the Parliament shall preside over parliamentary meetings, guarantee free expression of opinions, sign acts passed by Parliament, and exercise other duties envisaged by the Parliamentary Rules. The chairperson of the Parliament shall exercise all administrative duties in the Parliament Palace as provided for by the Parliamentary Rules. 2. Parliament shall elect the first deputy and deputies of the chairperson of the Parliament with a term of office, by a majority of the total number of members of Parliament, and through procedures defined by the Parliamentary Rules. |
Article 40. Chairperson and deputy chairpersons of the Parliament of Georgia. 1. The Parliament of Georgia shall elect the Chairperson for its term by a majority of the total number of its members by secret ballot, in accordance with the procedures established by the Rules of Procedure. The Chairperson of Parliament shall chair the work of Parliament, ensure the free expression of opinion, sign the acts adopted by Parliament, and exercise other powers determined by the Rules of Procedure. The Chairperson of Parliament shall fulfil full administrative functions in the House of Parliament in accordance with the procedures established by the Rules of Procedure. 2. The Parliament of Georgia shall elect a first deputy chairperson and deputy chairpersons for its term by a majority of the total number of its members in accordance with the procedures established by the Rules of Procedure. |
||
Art. 64. Article 65. Parliament elects its bureau yearly. |
Art. 56.
Article 57. 1. A bureau of Parliament is created for
the organisation of Parliamentary work. It consists of the Chairman,
Deputy Chairmen, deputies of Parliamentary Committees and Parliamentary
factions. |
Article 41. Parliamentary Bureau, parliamentary
committees and factions. 1. Parliament shall establish a
Parliamentary Bureau to organise the work of Parliament. Members of the
Parliamentary Bureau shall consist of the chairperson and deputy
chairpersons of Parliament, and the chairpersons of parliamentary
committees and parliamentary factions. |
Article 41. Parliamentary Bureau, committees and
factions. 1. To organise the work of Parliament, a Parliamentary
Bureau shall be established and shall be composed of the chairperson and
deputy chairpersons of Parliament and the chairpersons of the
parliamentary committees and parliamentary factions. |
|
2. The bureau considers the appointment of the officials whose appointment by Parliament is required by the Constitution upon the advise of the appropriate committees and in accordance with the rules of procedure. The decision is submitted to the President and to Parliament. The Bureau also makes decisions on issues relating to the organisation of the work of Parliament. Art. 58. |
(version 15/10/2010) | |||
Art. 55. Article 56. 1. Committees are created in the Parliament for the term of its authority, for the purpose of preliminary preparation of legislative issues, for fostering fulfilment of decisions, for creating bodies responsible to it and for supervision of goverment a ctivities. 2. In cases envisaged by the Constitution and the rules of procedure, or by the request of not less than one fourth of the deputies temporary committees are created in the Parliament. Representation of the Parliamentary majority in such committees shal l not exceed one half of the total number of the committee members. 3. Upon the request of the investigative committee presence at sittings, and delivery of necessary documents for an investigation on any particular issue is obligatory. Art. 57. |
2. Committees shall be set up in Parliament. The committees shall
prepare legislative issues in advance, facilitate the implementation of
decisions, and exercise control over the activities of other entities
accountable to Parliament and the Government. |
2. Committees shall be created in Parliament to prepare legislative
issues beforehand, facilitate the implementation of decisions and
exercise control over the activities of the bodies accountable to the
Government and Parliament. |
||
Art. 57.
Article 58. 1. Members of Parliament can unite in
Parliamentary factions. The number necessary to create a faction must be
not less than ten. |
Article 58. 1. MPs may join a parliamentary faction. The number
of the members in a parliamentary faction shall not be less than 6. (version
10/10/2008) |
3. MPs may join a parliamentary faction under the procedures
determined by the Parliamentary Rules. The number of the members of a
parliamentary faction shall not be less than seven. MPs elected by the
nomination of a single political party may not establish more than one
faction. Procedures for the establishment and operation of a
parliamentary faction and its powers shall be determined by the
Parliamentary Rules.
|
3. Members of Parliament may join a parliamentary faction in accordance
with the procedures established by the Rules of Procedure. The number of
faction members shall not be fewer than seven. Members of Parliament
elected following their nomination by one political party may form only
one faction. The procedures for the forming and activity of factions and
their rights shall be determined by the Rules of Procedure of Parliament.
|
|
2. The creation and functioning of a faction, as well as its authority are determined by the laws and rules of procedure. | ||||
Article 42. Investigative and other interim commissions of Parliament. 1. Investigative or other interim commissions shall be established in Parliament in the cases envisaged by the Constitution and the Parliamentary Rules, as well as by the initiation of at least one fifth of MPs. 2. Parliament shall decide to establish an interim commission as determined by the Parliamentary Rules. The decision on the establishment of an interim investigatory commission shall be made by one third of the total number of members of Parliament. Parliamentary factions shall be represented on an interim commission by at least one member. The representation of the opposition in an interim commission shall not be less than half of the total number of commission members. 3. At the request of an investigative commission, everyone shall be required to come to the meetings and submit all documents and information required for the examination of issues. |
Article 42. Investigative and other temporary commissions of Parliament. 1. Investigative or other temporary commissions shall be created in Parliament in cases provided for by the Rules of Procedure, as well as on the initiative of at least one fifth of the Members of Parliament. 2. Decisions on creating a temporary commission shall be adopted by Parliament in accordance with the procedures established by the Rules of Procedure. Decisions on creating a temporary investigative commission shall be adopted with the support of one third of the total number of the Members of Parliament. Parliamentary factions shall be represented in a temporary commission by at least one member. The representation of opposition factions in temporary commissions shall not be less than half of the total number of commission members. 3. At the request of the investigative commission, members’ attendance and the submission of all documents and information necessary to examine the issue shall be mandatory. |
|||
Art. 58. Article 59. Parliament has the right to interpellate the Government and to question it. Interpellations and questions are subject to rules determined by law or by regulation. Parliament has the right to nominate commissions of inquiry. Art. 60. |
Art. 58. Article 59. 1. A Member of Parliament has the right to question bodies subordinate to Parliament, members of the government, mayors of cities, governors or executive bodies of territorial units at every level and state institutions and to receive answers from them . 2. A faction and a Parliamentary group of at least ten deputies have the right to question any body subordinate to Parliament and particular members of the government, who must answer these questions at the sittings of Parliament. The answer may become the matter of consideration by the Parliament. Art. 60. |
Article 59.
1. An MP shall have the right to pose questions to and get answers
from the bodies accountable to Parliament, as well as pose questions to
and get answers from the Government, Government members, heads of
executive bodies of territorial units at any level, state institutions. (version
15/10/2010) 2. A parliamentary faction consisting of at least 10 MPs shall have the right to pose questions to the bodies accountable to Parliament, the Government, and particular members of the Government whose obligation is to answer questions at the meeting of Parliament. The answer may become the subject of discussion by Parliament. (version 06/02/2004) 3. Parliament shall have the right to bring the Prime Minister’s attention, by an absolute majority of MPs, to the official responsibilities of specific members of the Government. (version 15/10/2010)
|
Article 43. Posing questions and initiation of an interpellation by an MP. 1. An
MP shall have the right to pose questions to the Government, other
bodies accountable to Parliament, Government members, government bodies
of territorial units at any level, and to state institutions. It shall
be obligatory to give answers to questions posed by an MP completely and
in a timely manner.
2. A parliamentary faction, and a group consisting of at least seven MPs, shall have the right to pose questions, by means of initiating an interpellation, to the Government, other bodies accountable to Parliament, and to Government members, whose obligation is to answer questions at the meeting of Parliament. The answer may become the subject of discussion by Parliament. |
Article 43. Questions and interpellations
by a Member of Parliament. 1. A Member of Parliament shall be
entitled to appeal with a question to the Government, another body
accountable to Parliament, a member of the Government, state bodies of
the territorial units at all levels, and state institutions. Providing a
timely and full response to a question posed by a Member of Parliament
is mandatory.
2. A parliamentary faction – a group of at least seven Members of Parliament – shall have the right to pose a question through interpellation to the Government, another body accountable to Parliament, or a member of the Government obliged to answer questions at Parliament sittings. The answer may become a subject of discussion by Parliament. |
Art. 60.
Article 61. The annual sessions of the parliament
begin on the first Sunday of November. The elections for the renewal of
the parliament take place in the autumn, simultaneously in the entire
Republic, and in time to permit the newly elected members to be present
at the opening of parliament.
|
Art. 60.
Article 61. 1. The
Parliament gathers of its own accord for regular sessions twice a year.
The Autumn session opens on the first Tuesday of September and closes on
the third Friday of December. The spring session opens on the first
Tuesday of February and closes on the last Friday of June. |
Article 44. Sessions and meetings of Parliament. 1. Parliament shall assemble in
its official capacity for a regular session twice a year. The autumn
session shall open on the first Tuesday of September and close on the
third Friday of December, and the spring session shall open on the first
Tuesday of February and close on the last Friday of June. |
Article 44. Sessions and sittings of
Parliament. 1. Parliament shall meet in its official capacity for a
regular session twice a year. The autumn session shall open on the first
Tuesday of September and close on the third Friday of December. The
spring session shall open on the first Tuesday of February and close on
the last Friday of June. |
|
Article 62. The operations of the parliament can only be suspended by parliament itself. During the interruptions in the work of the parliament the right to assemble this latter in extraordinary cases belong to the Government or to the bureau of the parliament. The assembly of the parliament is obligatory if one quarter of the number of deputies desires it. | 2. The President of Georgia at the request of the Chairman, or not
less than one fourth of the deputies or on his own initiative may
convene an extraordinary sitting of Parliament in the period between
regular sessions. If within 48 hours after such a written submission has
been made Parliament has not convened, Parliament is obliged to convene
within a further 48 hours according to its rules of procedure. |
2. The President of Georgia shall convene a special session of
Parliament at the request of the Chairperson of Parliament, or that of
not less than one fourth of MPs, or on the recommendation of the
Government during the period between regular sessions. In the course of
a regular session, the President shall convene a special meeting under
the same procedure. Unless an act of summoning Parliament is issued
within 48 hours after a written request, Parliament shall assemble
within the following 48 hours according to Parliamentary Rules. (version
15/10/2010) |
2. The President of Georgia shall convene a special session of
Parliament at the request of the Chairperson of the Parliament, or that
of not less than one fourth of MPs, or at the request of the Government
during the period between regular sessions. In the course of a regular
session, the President shall convene a special meeting under the same
procedure. Unless an act of summoning Parliament is issued within 48
hours after a written request, Parliament shall assemble within the
following 48 hours according to Parliamentary Rules. A special meeting
of Parliament shall be held only with a defined agenda determined by an
initiator and shall close once the agenda has been completed. |
2. During
the period between sessions, the President of Georgia shall convene an
extraordinary session of Parliament at the request of the Chairperson of
Parliament, at least one fourth of Members of Parliament or the
Government. The President of Georgia shall also convene a special
sitting in the course of a regular session. Unless an act summoning
Parliament is issued within 48 hours of a written request to convene an
extraordinary session, Parliament shall meet within the following 48
hours, in accordance with the Rules of Procedure of Parliament. A
special sitting of Parliament shall be held only based on the agenda
defined by the initiator and shall close once the agenda has been
exhausted. |
3. Extraordinary sittings must have a specific agenda and the sitting closes once the agenda has been completed. 4. The declaration of war or a state of emergency by the President causes the convening of Parliament within 48 hours. Parliament sits until the end of the particular situation. |
3. Parliament shall assemble at an extraordinary session immediately
after the President declares a state of emergency or martial law. The
extraordinary session shall last until the end of such circumstance. |
3.
Parliament shall meet upon the declaration of a state of emergency or
martial law by the President. Parliament shall work until the state of
emergency or martial law has been revoked. |
||
Art. 54. Article 55. The sessions of parliament are public; but parliament has the right by special decision to hold entire or partial sessions behind closed doors. |
Art. 59.
Article 60. 1. Sittings of Parliament and its
chambers are public. By a vote of the majority of those present
Parliament is authorised to declare a sitting or a part of it closed,
while considering a specific issue. |
4. Meetings of Parliament shall be public. By a majority of members
present, but by no less than one third of the total number of members,
Parliament shall take a decision on declaring a hearing or part thereof
closed to the public while discussing particular issues. The procedure
for reviewing and adopting a decision on declaring a hearing or part
thereof closed to the public shall be closed. Records of open meeting of
Parliament shall be public. |
4. Sittings
of Parliament shall be public. By the decision of a majority of
attendees, but with no less than one third of the total number of
Members of Parliament, Parliament may declare a sitting or part of a
sitting closed when discussing certain issues. The decision to close a
sitting in whole or in part shall be discussed and made behind closed
doors. The minutes of open sittings of Parliament shall be public. |
|
Art. 56. Article 57. All decisions of parliament are made by a simple majority of votes, unless another modus has been adopted by law or regulation. Art. 58. |
2. Officials that are elected or appointed and confirmed by Parliament are authorised and may be required to attend sittings of the Parliament, its committees and commissions. Such officials should be heard immediately. 3. Voting is always open except in cases envisaged by the Constitution and law. 4. Proceedings of Parliamentary sittings, except for secret matters, are published by Parliament in its Record. |
2. Any Government member, an official elected, appointed, or
approved by Parliament, shall have the right and may be required to
attend the Parliament, committee, or commission meetings, answer the
questions raised at the meetings and present a report of activities
performed. Parliament, committee, or commission shall hear the officials
immediately upon request. (version 06/02/2004) 3. Voting at a plenary sitting of Parliament shall be open or secret. Voting shall be open except as provided for by the Constitution and law. (version 15/10/2010) 4. Records of open plenary sitting of Parliament shall be public. (version
15/10/2010) |
5. Voting during a meeting of Parliament shall be open or secret.
Voting shall be open except as provided for by the Constitution or law.
|
5. Voting at a sitting of Parliament may be open or secret. Voting shall
be open except in cases provided for by the Constitution and law. |
Art. 73. Article 74. Every member of government has the right to be present at the sessions of parliament and at the meetings of special commissions. Parliament, as well as the commissions, is obliged to listen to the minister if he requires it. On his part the minister is also obliged to present himself, if required before parliament or commissions, and to furnish explanations. |
6. Any Government member, or official accountable to Parliament, or the head of the body accountable to Parliament, shall be entitled, and where requested, is obliged to attend Parliament, a committee, or commission meetings, and answer questions raised at the meetings and present a report of activities performed. Parliament, a committee, or a commission, shall hear the officials immediately upon request.
|
6. A member of the Government, an official accountable to Parliament or the head of a body accountable to Parliament shall be entitled and, upon request, obliged to attend sittings of Parliament, parliamentary committees or commissions, in order to provide answers to questions raised during the sitting and to submit a report of activities performed. Parliament, a committee or a commission shall hear such an official immediately upon request.
|
||
Art. 62.
Article 63. The
right of initiative belongs to: a) Any member of parliament. b) Any group of 5.000 electors. |
Art. 66. Article 67. 1. The right to initiate legislation is vested in the President, a Member of Parliament, a Parliamentary Faction, a committee of Parliament, the supreme representative bodies of Abkhazia and Adjaria or not less than 30 000 electors. 2. A bill submitted by the President may be considered out of term or in an accelerated way. |
Article 67.
1. The right of legislative initiative shall be granted to the
Government, MPs, parliamentary factions, parliamentary committees,
supreme representative bodies of the Autonomous Republic of Abkhazia,
the Autonomous Republic of Ajara, and not less than 30,000 voters. (version
15/10/2010) 2. Parliament shall give priority to consider the draft law submitted by the Government of Georgia upon request. (version 15/10/2010)
|
Article 45.
Drafting legislation and procedures for decision-making. 1.
Legislative initiatives may be made by: the Government, MPs,
parliamentary factions, parliamentary committees, and supreme
representative bodies of the Autonomous Republic of Abkhazia, the
Autonomous Republic of Ajara, and not less than 25,000 voters.
Parliament shall give priority to the consideration of a draft law
submitted by the Government upon request. |
Article 45. Law making and procedures for
decision-making. 1.
The Government, a Member of Parliament, a parliamentary faction, a
parliamentary committee, the supreme representative bodies of the
Autonomous Republics of Abkhazia and Ajara, and not less than 25 000
voters shall have the right of legislative initiative. Parliament shall
discuss a draft law submitted by the Government at its request in an
extraordinary sitting. |
Art. 65.
Article 66. 1. A bill is considered passed if it is
supported by the majority of those present if those present are not less
than one third of the total number of Members of Parliament or by
another procedure set forth by the Constitution. |
Article 66.
1. A constitutional agreement shall be deemed approved if supported by
not less than three fifths of the total number of MPs. (version
30/03/2001) |
2. A law shall be deemed adopted in Parliament if supported by a
majority of MPs present but by at least one third of the total number of
MPs, unless the Constitution determines another procedure for passing
laws. An organic law shall be deemed adopted if supported by a majority
of the total number of MPs, unless the Constitution determines another
procedure for passing organic laws. |
2. A law shall be considered adopted if it is supported by a majority of
the Members of Parliament present but at least one third of the total
number of the Members of Parliament, unless another procedure for the
adoption of laws is determined by the Constitution. An organic law shall
be considered adopted if it is supported by a majority of the total
number of the Members of Parliament, unless another procedure for the
adoption of organic laws is determined by the Constitution. |
|
2. The draft of an organic law is considered adopted if supported by the majority of the total number of Parliament. 3. The Parliament adopts a resolution in the form of a decree, unless some other procedure is required by the Constitution. 4. The right to adopt other kinds of resolutions is determined by the rules of procedure of the Parliament. |
||||
3. Other resolutions of Parliament shall be deemed adopted if
supported by a majority of MPs present, but by at least one third of the
total number of MPs, unless the Constitution or law determines another
procedure for passing resolutions. A resolution on the approval of a
constitutional agreement shall be deemed adopted if it is supported by
at least three fifths of the total number of MPs.
|
3. Other
decisions of Parliament shall be considered adopted if they are
supported by a majority of the Members of Parliament present but at
least one third of the total number of the Members of Parliament, unless
another procedure for the adoption of a decision is determined by the
Constitution or law. A decision on approving a constitutional agreement
shall be considered adopted if it is supported by at least three fifths
of the total number of the Members of Parliament.
|
|||
Art. 52. Article 53. Parliament votes on the laws, decrees, and decisions; the manner of their publication shall be fixed by a special law. |
Art. 67.
Article 68. 1. A bill
adopted by Parliament is submitted to the President of Georgia within
five days. |
Article 46. Signature and promulgation of Law. 1. A
law passed by Parliament shall be submitted to the President of Georgia
within ten days. |
Article 46. Signature and
promulgation of a law. 1. A law passed by Parliament shall be
submitted to the President of Georgia within 10 days. |
|
2. The President either signs and issues the law within ten days or
returns it to the Parliament with further amendments. |
2. The President shall sign and promulgate the law within two weeks
or return it to Parliament with justified comments. |
2. The President of Georgia shall sign and promulgate the law or return
it to Parliament with justified remarks within 2 weeks. |
||
3. If the President returns the bill to Parliament, Parliament votes
on President's amendments. For adoption of his amendments the same
number of votes is required as in Article 66 of this Constitution. If
the amendments are adopted the President is ob liged to sign and publish
the law within seven days. |
3. If the President of Georgia returns the law to Parliament,
Parliament shall put the comments of the President of Georgia to a vote.
For the acceptance of the comments, the same number of votes shall
suffice as determined for the initial adoption of such type of law. If
the comments are accepted, the final version of the law shall be
submitted to the President of Georgia within five days, who shall sign
and promulgate it within five days. |
3. If the President of Georgia returns the law, Parliament shall put the
President’s remarks to a vote. The adoption of the remarks requires the
same number of votes as for the initial adoption of the type of law in
question. If the remarks are adopted, the final version of the law shall
be submitted to the President of Georgia within 5 days, and the
President of Georgia shall sign and promulgate the law within 5 days.
|
||
4. If Parliament votes against the President's amendments, the bill
as originally passed by Parliament and submitted to the President is
voted on again. The law or organic law is considered passed if supported
by not less than three fifths of the total number of deputies or by not
less than two thirds of the total number of deputies in the case of
Constitutional amendments. |
4. If Parliament rejects the comments of the President of Georgia,
the initial version of the law shall be put to a vote. An organic law
shall be deemed adopted if supported by a majority of the total number
of MPs, except for an organic law under Article 19(4) of the
Constitution, which shall be deemed adopted if supported by at least two
thirds of the total number of MPs. The law shall be submitted to the
President of Georgia within three days, who shall sign and promulgate
the law within five days. |
4. If Parliament rejects the President’s remarks, the initial version of
the law shall be put to a vote. An organic law or a law shall be
considered adopted if it is supported by a majority of the total number
of the Members of Parliament, except in the case of an organic law
provided for by Article 19(4) of the Constitution, which shall be
considered adopted if it is supported by at least two thirds of the
total number of the Members of Parliament. A constitutional law shall be
considered adopted if it is supported by at least three fourths of the
total number of the Members of Parliament. Such a law shall be submitted
to the President of Georgia within 3 days, and the President of Georgia
shall sign and promulgate the law within 5 days. |
||
see also art. 66
sec. 1 |
5. The constitutional law on introducing amendments to the
Constitution, which Parliament has adopted by a majority of two thirds
of the total number of MPs, shall be signed and promulgated by the
President of Georgia within five days after submission, without the
right to return it to Parliament with comments. |
5. A constitutional law on amending the Constitution that was adopted by
a majority of at least two thirds of the total number of the Members of
Parliament shall be signed and promulgated by the President of Georgia
within 5 days of its submission, without the right to return it to
Parliament with remarks. |
||
5. If the President refuses to sign the law within the determined
period, it is signed and issued by the Chairman. |
6. If the President of Georgia does not sign a law within the term
defined by the second paragraph of this article and does not return it
to Parliament with justified comments, or if the President of Georgia
does not promulgate a law within the term defined by the third, fourth
or fifth paragraphs of this article, the law shall be signed and
promulgated by the chairperson of the Parliament within five days after
the expiry of such term. |
6. If the President of Georgia does not promulgate the law, return it to
Parliament with justified remarks within the time frame established by
paragraph 2 of this article, or promulgate it within the time frame
established by paragraphs 3, 4 or 5 of this article, then the
Chairperson of Parliament shall sign and promulgate the law within 5
days after this time frame expires. |
||
Art. 4. Article 5. The laws and decrees shall only enter into force after they have been published in the regular manner. | 6. The law enters into force only on the fifteenth day after its official publication, unless another date is provided. |
7. A law shall enter into force on the 15th day after its
promulgation in an official organ unless another date is specified by
the same law.
|
7. A law shall enter into force on the 15 th day after its promulgation
in the official body unless another date is established by the same law.
|
|
Art. 64.
Article 65. 1. The Parliament of Georgia ratifies
treaties and international agreements, rejects or abrogates them by the
majority of the total number of Parliament. |
Article 47. International agreements. 1. Parliament, acting by a majority of its members, shall ratify, denounce, and annul international agreements. Parliament shall ratify, denounce, and annul international agreements under paragraph 2(c) of this article by a majority of three quarters of the total number of MPs.
|
Article 47. International
treaties. 1. The Parliament of Georgia shall ratify, denounce and
annul international treaties by a majority of the total number of its
members. Parliament shall ratify, denounce and annul international
treaties provided for by paragraph 2(c) of this article by a majority of
at least three fourths of the total number of its members. |
||
11. The Government of Georgia shall apply to the
Parliament of Georgia for ratification, denunciation, and annulment of
treaties and international agreements. In the cases provided for by
paragraph 2(a-c) of this article, and also if the treaty (agreement) is
signed by the President of Georgia, the President of Georgia shall apply
to the Parliament of Georgia for ratification, denunciation, and
annulment of treaties and international agreements that requires a
countersignature by the Prime Minister. (version
15/10/2010) |
||||
2. Treaties and international agreements which require ratification
by their terms, must be ratified as well as any treaty and international
agreements which: |
2. Besides international agreements involving ratification, it shall
also be obligatory to ratify an international agreement which: a) envisages Georgia joining an international organisation or interstate alliance; b) is of a military character; c) refers to the territorial integrity of a state or to a change in a state border; d) refers to the raising or granting of loans by a state; e) requires a change in domestic legislation, and the adoption of necessary laws in order to fulfil the undertaken international obligations. |
2. Besides those international treaties that envisage ratification, it
shall also be mandatory to ratify international treaties that: a) provide for Georgia’s accession to an international organisation or interstate union; b) are of a military nature; c) concern the territorial integrity of the State or changes to the state border; d) concern loans issued or taken by the State; e) require changes to domestic legislation or the adoption of laws that are necessary to fulfil international obligations. |
||
3. The Parliament must be immediately notified about the conclusion
of treaties and other international agreements. |
3. Other international agreements shall be submitted to Parliament. |
3. Other international treaties shall be submitted to Parliament. |
||
4. If a Constitutional Complaint or Submission to the Constitutional Court regarding a treaty or international agreement is made, then ratification is prohibited before a decision is made by the Constitutional Court. |
4. If a constitutional claim or a submission has been lodged with the
Constitutional Court, the respective international agreement shall not
be ratified until the Constitutional Court passes its judgement.
|
4. If a constitutional claim or submission has been lodged with the
Constitutional Court, the respective international treaty shall not be
ratified until the Constitutional Court passes its judgment.
|
||
Art. 74. Article 75. The president and the government are responsible, under penalties, for any violation of the constitution but only the president may indict these before a court of law. Members of the government are judged as provided for by the common law. |
Art. 63.
Article 64. 1. The
right to raise the question of the impeachment of the Head of the
Supreme Court, members of government, the Prosecutor General, Chairman
of the Chamber of Control and Members of the Council of the National
Bank in cases of violation of the Constitution, high treason, or the
commission of capital crimes is vested in one third of the total number
of Parliament. |
Article 64. 1. At least one third of the total number of MPs shall have the
right to raise the question of removing the Chairperson of the Supreme
Court, members of the Government, auditor general of the State Audit
Service and members of the Council of the National Bank from office via
impeachment if they have violated the Constitution and/or committed an
offence. (version 22/05/2012) |
Article 48. Impeachment. 1. At least one third of
the total number of MPs shall have the right to raise the question of
removing the President of Georgia, Government members, a judge of the
Supreme Court, the General Prosecutor, the Auditor General and members
of the Board of the National Bank from office via impeachment if they
have violated the Constitution and/or if there are signs of a criminal
nature in their actions. The issue shall be referred to the
Constitutional Court of Georgia, which shall review and submit to
Parliament a conclusion thereon within one month. |
Article 48. Impeachment.
1. No less than one third of the total number of the Members of
Parliament shall have the right to raise the question of impeachment of
the President of Georgia, a member of the Government, a judge of the
Supreme Court, a General Prosecutor, a General Auditor or a member of
the Board of the National Bank if the actions of the official in
question violate the Constitution or contain signs of crime. Such cases
shall be transferred to the Constitutional Court, which shall consider
the case and submit its conclusion to Parliament within 1 month. |
2. By the procedure envisaged in Article 63.2 Parliament is authorised to remove officials listed in the first clause of this Article by the majority of the total members of Parliament. The requirements of Article 63 clause 4 extend to such cases as well. | ||||
Art. 62.
Article 63. 1. To
introduce a motion to impeach the President of Georgia, a third of the
Members of Parliament must agree, in the circumstances envisaged by
Article 75.2 of this constitution. The case is submitted to the Supreme
Court or the Constitutional Court for judgement. |
Article 63. (version
15/10/2010)1.
In the cases provided for by Article 75(2) of the
Constitution, Parliament acting with at least one third of the total
number of MPs shall have the right to raise a question to remove the
President of Georgia from office via impeachment. The issue shall be
referred to the Constitutional Court of Georgia for decision. |
|||
2. If the Supreme Court confirms by its judgement that the President has committed the crime adduced or the Constitutional Court confirms the President's violation of the Constitution, the Parliament by a simple majority can vote to put to a vote the impeachment of the President.
|
2. If the Constitutional Court by its conclusion confirms components of
crime in the actions of the President or confirms that the President has
violated the Constitution by his/her actions, Parliament shall consider
and vote for the removal of President from office via impeachment within
not later than 15 days after the Court conclusion has been submitted.
|
2. If the Constitutional Court by its conclusion confirms the
existence of signs of a criminal nature in the actions of the official,
or confirms that the official has violated the Constitution by his/her
actions, Parliament shall consider and vote for his/her removal from
office via impeachment within two weeks after the court conclusion has
been submitted. |
2. If the Constitutional Court’s conclusion confirms a violation of the
Constitution or signs of crime by the official in question, Parliament
shall discuss and vote on the impeachment of the official within 2 weeks
from the submission of the conclusion. |
|
3. The President is considered impeached and removed if not less than
two thirds of all the Parliament vote in favour of the motion to impeach.
|
3. The President shall be deemed removed from office via impeachment if
at least two thirds of the total number of MPs supports the decision.
|
3. The President of Georgia shall be deemed removed from office via
impeachment if at least two thirds of the total number of MPs support
the decision. A Government member, a judge of the Supreme Court, the
General Prosecutor, the Auditor General and the members of the Board of
the National Bank of Georgia shall be deemed removed from their
positions if the decision is supported by a majority of the total number
of MPs. |
3. The President of Georgia shall be considered impeached if this
decision is supported by at least two thirds of the total number of the
Members of Parliament. A member of the Government, a judge of the
Supreme Court, a General Prosecutor, a General Auditor or a member of
the Board of the National Bank shall be considered impeached if this
decision is supported by a majority of the total number of the Members
of Parliament. |
|
4. If the Parliament does not vote within 30 days, the motion is
considered dropped and introduction of the same motion is impermissible
for one year. |
4. Unless Parliament decides to remove the President from office via
impeachment within the term defined in paragraph 2 of this article, the
impeachment procedure for the same issue shall not be initiated. |
4. Unless Parliament decides to remove the official from office via
impeachment within the term defined in the second paragraph of this
article, initiation of the impeachment procedure on the same grounds
shall not be permitted. |
4. If Parliament does not decide on impeachment within the time frame
established by paragraph 2 of this article, initiating an impeachment
procedure on the same grounds shall be inadmissible. |
|
5. The removal from office of the officials referred to in this
article, except for Government members, shall be permitted only by way
of impeachment. |
5. Officials listed in this article, except members of the Government,
shall only be removed from office by means of impeachment. |
|||
5. Discussion of the charge brought against the President and the passing of a motion to impeach during war, state of emergency or martial law is not permitted in the Parliament. |
5. No impeachment procedure shall be implemented during war, state of
emergency, or martial law. |
6. No impeachment procedure of the President of Georgia shall be implemented during a state of emergency, or martial law.
|
6. The procedure of the impeachment of the President of Georgia shall be inadmissible during a state of emergency or martial law.
|
|
|
Chapter Four |
|||
Article 69. 1. The President of Georgia is the Head of State and exercises executive power.
|
Article 69. (version
15/10/2010) 1. The President of Georgia is the Head of the State of Georgia, the
guarantor of national independence and unity of the country. The
President of Georgia shall ensure the functioning of state bodies within
the scope of his/her powers granted by the Constitution. |
Article 49. Status of the President of Georgia. 1.
The President of Georgia is the Head of the State of Georgia, and the
guarantor of the national independence and unity of the country. |
Article 49. Status of the President of Georgia. 1.
The President of Georgia is the Head of the state of Georgia and is the
guarantor of the country’s unity and national independence. |
|
|
2. The President of Georgia is the Supreme Commander-in-Chief of the
Armed Forces of Georgia. |
2. The President of Georgia is the Supreme Commander-in-Chief of the
Armed Forces of Georgia. |
2. The President of Georgia is the Supreme Commander-in-Chief of the
Defence Forces of Georgia. |
|
2. The President of Georgia is responsible for and exercises domestic
and foreign policy of the state. He guarantees the unity and integrity
of the country and the activity of state bodies according to the
Constitution.
3. The President of Georgia is the supreme representative of Georgia in foreign relations.
|
3. The President of Georgia shall represent Georgia in foreign
relations.
|
3. The President of Georgia represents Georgia in foreign relations. |
3. The President of Georgia shall represent Georgia in foreign
relations.
|
|
Article 70. 1. The
President shall be elected in free, universal, equal and direct suffrage
by secret ballot for a term of five years. The same person can only
serve two consecutive terms as President. |
Article 50. Rules for the election of the President of
Georgia. 1. The President of Georgia shall be elected for a term of
five years by an Electoral College, open ballot, and without debates.
The same person may be elected as the President of Georgia for only two
terms. |
Article 50. Procedures
for electing the President of Georgia. 1. The President of Georgia
shall be elected for a term of 5 years by the Electoral College, without
debates and by open ballot. The same person may be elected President of
Georgia only twice. |
||
2. Any citizen of Georgia who is eligible to vote, has attained the
age of thirty five, has lived in Georgia for at least fifteen years and
is living in Georgia on the day elections are scheduled may be elected
as the President of Georgia. |
2. Any citizen of Georgia who is eligible to vote may be elected
as the President of Georgia if he/she is thirty-five years old, has
lived in Georgia for at least five years, and has been living in Georgia
for the last three years before the election.
(version
15/10/2010) |
2. Any citizen of Georgia having the right to vote, who has attained
the age of 40, who has lived in Georgia for at least 15, years may be
elected President of Georgia. |
2. Any citizen of Georgia having the electoral right, who has attained
the age of 40 and who has lived in Georgia for at least 15 years, may be
elected President of Georgia. |
|
3. The right to nominate a candidate for the Presidency is vested in a political party or an initiative group whose initiative is confirmed by the signatures of not less than fifty thousand electors. 4. A candidate is considered elected who receives the absolute majority of votes of the participants, if more than half of the total number of electors have participated in the elections. 5. If elections are held, but none of the candidates received the necessary votes, then the second round of the elections is held in two weeks time. |
3. The right to nominate a candidate for the Presidency shall be
vested with a political association of citizens or an initiative group.
The nomination shall be supported by the signatures of voters as
determined by organic law of Georgia. The number of signatures of voters
referred to in organic law shall not exceed 1% of the total number of
voters. (version
12/03/2008) 4. A candidate having received more than half of the votes of those taking part in elections shall be deemed elected. (version 06/02/2004) 5. If no candidate has received the required number of votes in
the first round, a second round of elections shall be held within two
weeks after the first round results are officially announced.
(version 27/12/2007) |
3. The Board of Elections shall consist of 300 electors, including
all members of higher representative bodies of the Autonomous Republics
of Abkhazia and Adjara. Other electors, in accordance with the quota
defined by the Central Election Commission of Georgia (the CEC) on the
basis of an organic law, shall be nominated by relevant political
parties from among the composition of the local self-government
representative bodies. The quota shall be defined in accordance with the
principle of proportional geographical representation, and the
proportion of the results of local self-government elections held
through the proportional system. The CEC shall approve the composition
of the Electoral College. 4. Elections for the President of Georgia shall be held in the Parliament Palace. No less than 30 electors shall have the right to nominate a candidate for President of Georgia. A single elector may support the nomination of a single candidate only. A single elector may vote for the nomination of a single candidate only. A candidate who receives at least two thirds of the votes of the total number of members of the Electoral College shall be deemed elected in the first round of elections. If the President of Georgia is not elected in the first round of elections, a second round of elections shall be held between the two candidates with the best results from the first round. The candidate who receives the most votes in the second round of elections shall be deemed elected. The first and second round of elections shall be deemed held if a majority of the total number of members of the Electoral College participate therein. If elections are declared invalid or if the President of Georgia is not elected by the Electoral College, re-run elections for the President of Georgia shall be held within 30 days. 5. Elections for the President of Georgia shall be conducted in October of the calendar year in which the tenure of the President of Georgia expires. If the tenure of the President of Georgia is terminated prior to the expiry of his/her term, elections for the President of Georgia shall be held within 45 days after the termination of the tenure. If the date of elections coincides with a state of emergency or martial law, elections for the President of Georgia shall be held within 45 days after the state of emergency or martial law have been lifted. If the date of elections for the President of Georgia coincides with the month of the Parliamentary elections or with the month prior to the Parliamentary elections, the elections for the President of Georgia shall be held within 45 days after the first meeting of the newly elected Parliament has been held. 6. Elections for the President of Georgia shall be called by
Parliament, except for re-run elections, which shall be called by the
chairperson of the Parliament. |
3. The Electoral College shall consist of 300 members, and shall include
all members of the Parliament of Georgia and of the supreme
representative bodies of the Autonomous Republics of Abkhazia and Ajara.
Other members of the Electoral College shall be nominated by the
respective political parties from among the representative bodies of
local self-governments on the basis of quotas defined by the Central
Election Commission of Georgia in accordance with the organic law. The
quotas are defined in compliance with the principle of proportional
geographical representation and in accordance with the results of the
elections of local self-governments held under the proportional system.
The composition of the Electoral College shall be approved by the
Central Election Commission of Georgia.
4. The election of the President of Georgia shall be held in the House of Parliament. No less than 30 members of the Electoral College shall have the right to nominate a candidate for the President of Georgia. One member of the Electoral College may support the nomination of only one candidate. One member of the Electoral College shall have the right to vote for only one candidate. In the first round of elections, a candidate who receives at least two thirds of the votes of the total number of the members of the Electoral College shall be considered elected. If the President of Georgia is not elected in the first round, the second round shall be held between the two candidates who received the most votes in the first round. The candidate who receives the most votes in the second round shall be considered elected. The first or the second round of the elections shall be considered valid if more than half of the total number of the members of the Electoral College have participated. If the elections fail, or if the Electoral College does not elect the President of Georgia, a re-run of election of the President of Georgia shall be held within 30 days. 5. Presidential elections shall be held in October of the calendar year in which the term of office of the President of Georgia expires. In the case of the early termination of the term of office of the President of Georgia, the presidential elections shall be held within 45 days from the termination of the term of office. If the election date coincides with a state of emergency or martial law, the presidential elections shall be held within 45 days after this state has been revoked. If the date of the election of the President of Georgia falls within the same month as the parliamentary elections, or the month preceding the month of the parliamentary elections, the presidential elections shall be held within 45 days from the first meeting of the newly elected Parliament. 6. The election of the President of Georgia shall be appointed by
Parliament, except for a re-run of election, which shall be appointed by
the Chairperson of Parliament. |
|
6. The second round of elections is held between the two candidates who had the best results in the first round. The candidate who receives more votes will be considered elected President if at least one third of the total number of electors participated in the ballot. 7. In the event that elections are acknowledged not to have been held
or to have been held but the only candidate balloting in the first round
did not receive enough votes or a President was not elected on the
second round, new elections are to be hel d within two months. |
6. The second round of elections shall be held between 2
candidates with the best results in the first round. Candidate having
received a majority of votes shall be deemed elected. (version
06/02/2004) 7. If only one candidate takes part in the first round and does
not receive the necessary number of votes, new elections shall be held
within two months from the date of elections.
(version
15/10/2010) |
|||
8. During a state of emergency, or a martial law, no elections can be
held. |
||||
9. The first round of regular elections for the Presidency is held on
the second Sunday of April five years after the previous elections. |
9. Regular presidential elections shall be held in the month of
October of a calendar year when the President’s powers expire. The
President of Georgia shall fix the date of elections not later than 60
days before the elections.
(version 27/12/2007) |
|||
10. The procedures for the election of the President are determined
by the Constitution and organic law. |
(version 15/10/2010) |
7. The procedures and conditions for the election of the President of
Georgia shall be determined by the Constitution and organic law.
|
7. The procedures and conditions for the election of the President of
Georgia shall be determined by the organic law.
|
|
Article 71. 1. Before occupying his position the
newly elected President makes a speech delivering his programme and
swears: "I, The President of Georgia, solemnly pledge before God and my
nation to defend the Constitution of Georgia, the independence, the
unity and indivisibility of my country. I will honestly perform the
duties of President. I will protect the welfare and security of my
people, and will cherish the revival and power of my nation and my
homeland." |
Article 51. Oath, termination of powers, immunity, incompatibility and succession of
the President of Georgia. 1. Before assuming office, the newly
elected President shall, on the third Sunday after the date of election,
address the people and take the following oath of office: ‘I, the
President of Georgia, swear before God and the nation that I will
observe the Constitution of Georgia, protect the independence, unity,
and indivisibility of the country, that I will faithfully perform the
duties of the President, will care for the security and welfare of the
citizens of my country, and for the revival and might of my nation and
homeland’.
2. The office of the President of Georgia shall terminate and the
office of the newly elected President of Georgia shall commence upon the
inauguration of the newly elected President. |
Article 51. Oath, termination of the term
of office, immunity, conflicts of interest and succession of the
President of Georgia. 1. Prior to assuming office, on the third
Sunday after the election day, the newly elected President of Georgia
shall address the people and take the following oath of office: ‘I, the President of Georgia, do solemnly affirm before God and the nation that I will support and defend the Constitution of Georgia, the independence, unity and indivisibility of the country; that I will faithfully perform the duties of the President, will care for the security and welfare of the citizens of my country and for the revival and might of my nation and homeland.’ 2. The term of office of the President of Georgia shall terminate and
the term of office of the newly elected President of Georgia shall
commence once the oath is taken by the newly elected President of
Georgia. |
||
2. The ceremony mentioned in the first item of this Article is to take place on the third Sunday after the holding of Presidential elections. | 2. The ceremony under paragraph 1 of this article shall take place
on the third Sunday after the day of holding presidential elections. The
office of President shall terminate upon the inauguration of the newly
elected President. (version
15/10/2010) |
|||
Art. 74.
Article 75. 1. The President has personal immunity.
While occupying position, his arrest or bringing criminal proceedings
against him is impermissible. |
3. The President of Georgia shall enjoy personal immunity. No one
shall have the right to arrest or bring criminal proceedings against the
President of Georgia while he/she holds the post. |
3. The President of Georgia shall enjoy immunity. No one shall have
the right to detain or bring criminal proceedings against the President
of Georgia while in office. |
||
2. Parliament has the right to relieve the President of his duties
according to the procedures of Article 63 of the Constitution and
according to procedures determined by organic law, for violation of the
Constitution, or high treason or other capital crimes: a. for violation of the Constitution if this is confirmed by the Constitutional Court; b. for high treason or other capital crimes if confirmed by the decision of the Supreme Court. |
2. Parliament may dismiss the President according to Article 63 of
the Constitution and law if he/she violates the Constitution or if
his/her actions are criminal. (version
15/10/2010)
|
|||
Art. 71. Article 72. The President can hold no other position, carry out commercial activity or receive another salary or compensation from any other occupation. | Article 72. The President of Georgia may neither hold any
other position, including in a political party, nor conduct
entrepreneurial activities and get a salary or other permanent
remuneration for any other activity. (version
15/10/2010)
|
4. The President of Georgia may not hold any other position, carry
out entrepreneurial activities or receive a salary or other permanent
remuneration from any other activities. The President of Georgia may not
be a member of a political party. |
4. The
President of Georgia shall not have the right to hold any other office,
to be engaged in entrepreneurial activities, or to receive a salary or
other permanent remuneration for any other activity. The President of
Georgia shall not be a member of a political party. |
|
Art. 75.
Article 76. 1. In cases where the President is
unable to perform his duties or in the case of pre-term expiration, the
powers of the President are delegated to the Chairman of Parliament.
Within this period the duties of the Chairman of Parliament are
performed by one of his substitutes. |
Article 76.
1. If the President of Georgia is unable to discharge his/her
powers or his/her powers are terminated early, the Chairperson of the
Parliament of Georgia shall perform the duties of the President of
Georgia. If the Chairperson of the Parliament of Georgia is unable to
discharge the duties of the President of Georgia or if Parliament has
been dissolved, the Prime Minister shall perform the duties of the
President of Georgia. While the Chairperson of the Parliament of Georgia
is discharging the duties of the President of Georgia, one of the Deputy
Chairpersons of the Parliament of Georgia shall perform the duties of
the Chairperson of the Parliament of Georgia by order of the Chairperson
of the Parliament of Georgia. While the Prime Minister is discharging
the duties of the President of Georgia, a member of the Government
equipped with powers of First Vice-Prime Minister shall discharge the
duties of the Prime Minister. (version
11/03/2008) |
5. If the President of Georgia is unable to exercise his/her powers
or his/her powers are terminated early, the Chairperson of Parliament
shall perform the duties of the President of Georgia. |
5. In the
case of the inability of the President of Georgia to exercise powers, or
in the case of the early termination of the President’s term of office,
the Chairperson of Parliament shall perform the duties of the President
of Georgia. |
|
2. A person holding the position of President in these cases cannot
use the rights set forth in Article 73 clauses "c", "i", and the rights
envisaged in Article 74 clause one. |
2. The Acting President shall not be authorised to exercise the rights under Article 73(1)(j)(p) and the rights under Article 74(1). (version 15/10/2010) | |||
3. Elections for the President are held within forty five days after the expiration of the President's duties and its holding is the responsibility of the Parliament. | ||||
Art. 69. Article 70. The president of the government is the supreme representative of the Republic. He appoints the representatives of Georgia to other powers, and it is to him that the representatives of foreign powers are accredited. In the absence of a government decision which may find itself obstructed, the president may by exceptional right have recourse to the armed forces of the Republic, but he must inform parliament immediately. The ordinances of laws and by-laws relative thereto emanate from the president of the government, who, however does not have the right to arrest the action of the laws or to hinder its execution. The president of the government has the right to order the extraordinary control of republic or local administrations, or the revision of particular cases, according to the rules determined by law. The president has no other rights except those conferred on him by the constitution. |
Art. 72.
Article 73. 1. The President of Georgia: |
Article 73. (version
15/10/2010) 1. The President
of Georgia shall: a) conduct negotiations with other countries and international organisations in agreement with the Government, conclude international agreements and treaties, appoint and dismiss ambassadors and other diplomatic representatives of Georgia on the recommendation of the Government, accredit ambassadors and other diplomatic representatives of foreign states and international organisations in agreement with the Government; b) (version 25/03/2013) c) nominate a candidate for the office of Prime Minister and appoint a Prime Minister in accordance with the Constitution; d) assign the acting Government to perform their official duties until the appointment of the new Government in accordance with the Constitution; (version 25/03/2013) e) nominate before Parliament, appoint, release, and dismiss officials in accordance with the Constitution, appoint a member of the High Council of Justice as determined by law, participate in the appointment of the Chairperson and members of the Central Election Commission under the procedure and in the cases defined by organic law, nominate candidates for the members of the National Regulatory Authorities to Parliament in agreement with the Government; f) nominate a candidate for Chairperson of the Government of the Autonomous Republic of Ajara for approval by the Supreme Council within 10 days after powers of the newly elected Supreme Council of the Autonomous Republic of Ajara are recognised, after having consulted with the political entities represented in the Supreme Council, by prior consent of the Government of Georgia; g) declare martial law in the case of armed attack on Georgia, conclude a truce in the case of appropriate conditions, and submit such decisions to Parliament for approval within not later than 48 hours; h) declare a state of emergency throughout the country or certain part thereof in the cases of war or mass disorder, infringement upon the territorial integrity of the country, coup d'etat and armed insurrection, ecological disasters and outbreak of epidemics, or in other cases, when state bodies are unable to normally exercise their constitutional powers, and submit the decision to Parliament for approval within 48 hours; emergency powers shall apply only to the territory where the state of emergency is declared for the reasons mentioned in this paragraph; i) issue decrees having the force of law during a state of emergency or martial law that shall be valid until the end of the state of emergency or martial law, take emergency measures; the decrees shall be submitted to Parliament when it is assembled; j) have the right to suspend, on the recommendation of the Government and with the consent of Parliament, the activity of self-government bodies or other representative institutions of territorial units or dismiss them if their activities jeopardize the sovereignty, territorial integrity of the country, or the exercise of constitutional powers by state bodies; k) issue decrees, edicts, and ordinances, also orders as the Supreme Commander-in-Chief of the Armed Forces of Georgia, to exercise constitutional powers; l) sign and promulgate laws as determined by the Constitution; m) make decisions on granting citizenship, asylum; n) give state awards, high military, special and honorary titles, and high diplomatic ranks; o) grant pardons to convicts; p) dissolve Parliament in the cases and as determined by the Constitution; |
Article 52. Powers of the President of Georgia. 1. The President of Georgia shall: |
|
a) exercise representative powers in foreign relations with the consent
of the Government, conduct negotiations with other countries and
international organisations, conclude international agreements, accredit
ambassadors and other diplomatic representatives of foreign countries
and international organisations; appoint and dismiss ambassadors and the
heads of diplomatic missions of Georgia on the recommendation of the
Government; b) conclude a constitutional agreement with the Apostolic Autocephalous Orthodox Church of Georgia on behalf of the State of Georgia; с) call elections for Parliament and local self-government bodies under procedures established by the Constitution and organic law; d) appoint on the recommendation of the Government and dismiss the chief of the Defence Forces of Georgia; appoint one member of the High Council of Justice; participate in the appointment of the Chairperson and members of the Central Election Commission under the procedure and in the cases defined by organic law; nominate candidates for membership of national regulatory bodies to Parliament on the recommendation of the Government; |
a) with the consent of the Government, exercise representative powers in
foreign relations, negotiate with other states and international
organisations, conclude international treaties, and accept the
accreditation of ambassadors and other diplomatic representatives of
other states and international organisations; upon nomination by the
Government, appoint and dismiss ambassadors and other heads of
diplomatic missions of Georgia; b) conclude a constitutional agreement with the Apostolic Autocephalous Orthodox Church of Georgia on behalf of the state of Georgia; c) call the elections of Parliament and local self-government bodies in accordance with the Constitution and the procedures established by the organic law; d) upon nomination by the Government, appoint and dismiss the Commander of the Defence Forces of Georgia; appoint one member of the High Council of Justice; participate in the appointment of the Chairperson and members of the Central Election Commission of Georgia in cases defined by the organic law and in accordance with the established procedure; upon nomination by the Government, submit to Parliament candidates for the membership of the national regulatory bodies; |
|||
Art. 71.
Article 72. The
general rights and duties of government are: a) To assure the supreme direction of the affairs of the Republic according to its laws. b) To watch over the application of the Republic and the execution of its laws. c) To put before parliament its plans for laws, as well as its conclusions about plans of laws emanating from the parliament or from the people. d) To defend the external interests of the Republic. e) To safeguard the Republic from external dangers and to defend its independence. f) To insure security and order in the interior of the country. If unforeseen circumstances require it, to mobilize the armed forces of the country, but not far any period longer than 21 days. This period can only be prolonged by consent of parliament. g) To manage the finances, to issue money according to law, and to submit annually to parliament a budget of revenue and expenses of the State. h) To give an account to parliament of its work and to submit at least once a year a report about the internal and external situation of Georgia. To present also to parliament any special reports if desired. i) To acquit itself of all obligations imposed by parliament or by law. |
e) make decisions on granting citizenship in accordance with procedures
established by organic law; f) grant pardons to convicted persons; g) give state awards and prizes, high military ranks, special and honorary titles, and high diplomatic ranks; |
e) decide on citizenship issues in accordance with the procedures
established by the organic law; f) pardon convicts; g) in accordance with the procedures established by law, grant state awards and rewards; highest military ranks, special ranks and honorary titles; and highest diplomatic ranks; |
||
h) have the right to suspend, on the recommendation of the Government
and with the consent of Parliament, the activity of the representative
bodies of territorial units or dismiss them if their activities
jeopardize the sovereignty or, territorial integrity of the country, or
the exercise of constitutional powers by state bodies; i) exercise other powers defined in the Constitution. |
h) be entitled, upon recommendation by the Government and with the
consent of Parliament, to suspend the activity of a representative body
of a territorial unit, or to dissolve such a body, if its activities
threaten the sovereignty or territorial integrity of the country, or the
exercise of constitutional powers by state bodies; i) exercise other powers determined by the Constitution. |
|||
see also art. 74 |
see also art. 74 |
2. The President of Georgia shall have the right to call a referendum
for issues defined in the Constitution and law, at the request of
Parliament, or the Government, or not less than 200 000 voters, within
30 days after such request is received. A referendum shall not be held
in order to adopt or repeal a law, to grant an amnesty or a pardon, to
ratify or denounce international agreements, or for issues restricting
basic human constitutional rights. Issues related to scheduling and
holding a referendum are defined in organic law. |
2. The President of Georgia shall have the right to call a referendum on
issues defined in the Constitution and law, at the request of the
Parliament of Georgia, the Government of Georgia or no less than 200 000
voters, within 30 days after such a request is received. A referendum
shall not be held in order to adopt or repeal a law, to grant amnesty or
pardon, to ratify or denounce international treaties, or to decide
issues that envisage the restriction of the fundamental constitutional
human rights. Issues related to calling and holding referendums shall be
defined by the organic law. |
|
2. The President sets elections for the Parliament and representative bodies by the rules determined by law. 3. The President is authorised to abrogate acts of bodies of the executive branch accountable to him. 4. The President is the supreme commander in chief of the armed
forces of Georgia. He appoints Members of the National Security Council,
presides over its sittings and appoints and dismisses generals. |
2. The President of Georgia shall schedule the date of elections for the President of Georgia, Parliament, and representative bodies as determined by the Constitution and law. 3. The President of Georgia shall appoint members of the National
Security Council, also appoint and dismiss, in agreement with the
Government, the Chief of the General Staff of the Armed Forces of
Georgia and other commanders. |
|||
5. The President is authorised to address people and the Parliament,
and once a year he submits a report to Parliament on the most important
questions concerning the state. |
4. The President of Georgia shall have the right to address the people
and Parliament. The President shall annually submit a report of crucial
state-related issues to Parliament. |
3. The President of Georgia shall have the right to address the
people. The President shall annually submit to Parliament a report of
essential issues related to the State.
|
3. The President of Georgia shall have the right to address the people.
The President shall annually submit a report on crucial state-related
issues to Parliament.
|
|
6. The President exercises other authorities determined by the Constitution and law.
|
5. The President of Georgia shall exercise other powers defined in the
Constitution.
|
|||
Article 731. (version
15/10/2010) 1.
The Prime Minister shall countersign legal acts of the President of
Georgia, other than the acts issued during martial law and except as
provided for by paragraphs 2-4 of this article.
2. Order of the President shall not require countersignature, except as directly provided for by the Constitution. 3. Countersignature shall not be required for the legal acts of the President of Georgia that, under the Constitution, have been issued on the recommendation of the Government or that have been preliminarily approved by the Government. 4. Countersignature shall not be required for the legal acts of the
President of Georgia that relate to: 5. Any legal act of the President that requires countersigning shall be promulgated and shall give rise to legal consequences only in the case of countersignature. 6. In the case of countersignature, the responsibility for legal acts shall rest with the Government.
|
Article 53. Countersignature. 1. The Prime Minister of Georgia shall countersign the legal acts of the President of Georgia. Any legal act that requires countersigning shall be promulgated and shall have legal effect only after it has been countersigned. Political responsibility for countersigned legal acts shall rest with the Government. 2. Countersignature shall not be required for the legal acts of the
President of Georgia that relate to: |
Article 53. Countersignature. 1. A legal act of the President of Georgia shall require the countersignature of the Prime Minister. A legal act that requires countersignature shall be promulgated and shall entail legal consequences only after it has been countersigned. Political responsibility for countersigned legal acts lies with the Government. 2. A countersignature shall not be required for legal acts of the
President of Georgia related to: |
||
Art. 63. Article 64. Parliament is obliged to submit any new law to a popular referendum if 30.000 electors require it in writing. The rules of referendum are determined by law. |
Article 74. 1. By the request of not less than two
hundred thousand electors or on his own initiative, the President fixes
a referendum within thirty days following receipt of such a request on
the issues determined by the Constitution and law. |
Article 74. 1. The President of Georgia shall have the right to appoint a
referendum for issues defined in the Constitution and law, at the
request of the Parliament of Georgia, the Government of Georgia, not
less than 200 000 voters, within 30 days after such a request is
received.
(version
15/10/2010)
|
see also art. 52
sec. 2 |
see also art. 52
sec. 2 |
2. Holding a referendum for the adoption or the abrogation of law, amnesty or pardon or on ratification or rejection of treaties and international agreements and on questions which restrict principle Constitutional human rights and freedoms is prohibited. 3. Questions connected with fixing and holding referenda are determined by organic law. |
||||
Art. 76.
Article 77. 1. After
taking the oath, the President, in order to exercise his executive role,
accepts the resignation of the government but he can charge it to
perform its duties until a new government is formed. The President is
obliged to form a government within two weeks and submit it for
ratification to Parliament. After consideration by the appropriate
Parliamentary committee, the Parliament confirms it by the majority of
the total number of deputies.
2. In cases where Parliament does not ratify the government, the President is authorised to submit the same government for ratification or a new one. The same government can be submitted twice. The procedure for a second submission is determined by law. 3. In the event of the removal of a minister, a new minister is nominated and submitted to the Parliament within two weeks.
|
Article 77. Administration of the President of Georgia shall be
established in order to promote the exercise of powers of the President
of Georgia. The President of Georgia shall appoint and dismiss the Head
of the Administration. The President of Georgia shall determine the
structure and rules of operation of the Administration. (version 06/02/2004)
|
|||
Art. 65. |
|
CHAPTER 41 |
Chapter Five |
|
Article 78. 1. Parliament confirms the structures
and procedures of activity of the executive branch upon the submission
of the President. |
||||
2. The armed forces, state security forces, and the police shall not
be united.
|
see also art. 72. |
|||
Article 66. The executive power belongs to the Government of the Republic. |
Article 78. 1. The Government of Georgia shall be the
supreme body of executive power to implement the internal and foreign
policy of the country. The Government shall be accountable to the
Parliament of Georgia. |
Article 54.
Government. 1. The Government of Georgia shall be the supreme body
of executive authority in implementing the domestic and foreign policy
of the country. |
Article 54.
Government. 1. The Government of Georgia is the supreme body of
executive power that implements the domestic and foreign policies of the
country.
|
|
Article 79. 1. Members of government are responsible to the President. 2. Members of government submit their resignations to the President.
|
2. The Government shall be accountable and responsible to Parliament.
|
2. The
Government shall be accountable and responsible to the Parliament of
Georgia. |
||
Article 67. The President of The Government is
elected by the parliament for the period of one year. The same president
can only be reselected once.
|
2. The Government shall consist of a Prime Minister and ministers. One
or several State Ministers may also be represented in the composition of
the Government. |
3. The Government shall consist of the Prime Minister and ministers. 4. Ministries shall be established in order to ensure the
implementation of state policy and governance in a specific area and
within the authority of the Government, and shall be managed by
ministers. |
3. The Government shall consist of a Prime Minister and ministers.
4. A Ministry shall be established to ensure the administration of
state policy and governance in the field of activity of the Government;
a Ministry is led by a Minister. |
|
Article 68. The other ministers, members of the government are appointed by the President from among the citizens who have the right to take part in parliamentary elections. | ||||
Art. 72. Article 73. The members of the government share in the directions of the affair of the Republic, which do not depend directly on the president. Each member of the government directs independently, and under sole, personal responsibility to parliament, the department confided to him. He must resign as soon as he loses the confidence of parliament. A minister has only the right to vote in parliament if he is a member. The president of the government is responsible to parliament for the general politics. He is obliged to submit to the decisions of parliament and to execute the same, if necessary to change the ministers or even to re-form the entire cabinet. |
||||
Art. 70. Article 71. The president of the government has a lieutenant. In the absence of the president his attributes devolve upon his lieutenant. | 3. The Prime Minister shall have the right to assign one of the members
of the Government to exercise the duties of the first Vice Prime
Minister and to assign one or more members to exercise the duties of the
Vice Prime Minister. The procedure for assigning responsibilities of the
first Vice Prime Minister and the Vice Prime Minister and their powers
shall be laid down in law. |
|||
4. The Prime Minister and ministers shall represent Georgia in foreign
relations within their competence. |
5. One or several State Ministers may also be represented in the
composition of the Government. The position of State Minister may be
introduced in accordance with law in order to fulfil state objectives of
particular importance. |
5. One or several State Ministers may be represented in the
Government. The office of a State Minister may be introduced by law in
order to fulfil state objectives of particular importance. |
||
Art. 68. Article 69. Members of the government may not fill any other office or profession. They may only be members of parliament or of the councils of self-government. |
Article 80. 1. Member of the government may hold no other position, except a party position, may not be involved in commercial activities nor receive a salary or other permanent remuneration from any other activity. 2. Member of government is authorised to resign by the procedure determined by law. 3. The removal of a member of government is possible only by the President or by the Parliament by the rules determined in Article 64 of this Constitution.
|
6. A member of the Government may not hold any other position, except
in a party, or carry out entrepreneurial activities or receive a salary
from any other activities, except from scientific, pedagogical or
creative activities. |
6. A member of the Government shall not have the right to hold any
other office except in a [political] party, to be engaged in
entrepreneurial activities, or to receive remuneration for any other
activity, except for academic and pedagogical activities. |
|
7. The Government may appoint state trustees to ensure the
representation of the Government in the territories of
administrative-territorial units. The powers of a state trustee shall be
defined by law. |
7. In order to ensure the representation of the Government in
administrative-territorial units, the Government shall be authorised to
designate a state representative-governor. The powers of a state
representative-governor shall be determined by law. |
|||
5. The Government shall adopt ordinances and decrees on the basis of and for the fulfillment of the Constitution and other legislative acts. The ordinances and decrees shall be signed by the Prime Minister. 6. The President of Georgia shall have the right to request the
particular matters to be discussed at the Government meeting and
participate in the discussion. The Secretary and other members of the
National Security Council shall also attend the discussion. |
||||
7. The structure, powers, and rules of operation of the Government shall
be provided for by law. The Government shall submit a draft of the law
to the Parliament of Georgia. |
8. The structure and rules of operation of the Government shall be
provided for by the Constitution and a law, the draft of which law the
Government shall submit to Parliament. |
8. The
structure and the procedure for the activity of the Government shall be
determined by a law, the draft of which shall be submitted to Parliament
by the Government. |
||
8. The Government’s term of office shall commence in the cases defined
by the Constitution and upon the appointment of the members of the
Government under the determined procedure.
|
||||
Article 79. 1. The Prime Minister is the head of the Government. (version
15/10/2010) |
Article 55. Prime Minister of Georgia. 1. The Prime
Minister of Georgia is the head of the Government. |
|||
2. The Prime Minister shall determine the directions of Government
activity, organise Government activity, provide the coordination of and
the control over the activity of Government members. (version
15/10/2010) |
2. The Prime Minister shall determine the main directions of the
activities of the Government, organise the activities of the Government,
coordinate and control the activities of ministers, and sign the legal
acts of the Government. |
2. The Prime Minister shall define the main directions of Government
activities, organise Government activities, coordinate and control the
activities of ministers, and sign legal acts of the Government. |
||
3. The Prime Minister shall present a report to Parliament, upon request,
about the progress of the Government Programme. (version
06/02/2004) |
3. The Prime Minister shall represent Georgia in foreign relations
and shall enter into international agreements on behalf of Georgia. |
3. The Prime Minister shall represent Georgia in foreign relations and
conclude international treaties on behalf of Georgia. |
||
4. The Prime Minister shall issue individual legal acts - orders, and
exercise full administrative duties in the Government building within
the scope of his/her powers. (version
06/02/2004)
5. The Prime Minister shall appoint and remove from office other members of the Government. (version 15/10/2010) 6. The Prime Minister shall appoint and remove from office other
officials under the procedure and to the extent as provided for by law. (version
06/02/2004) |
4. The Prime Minister shall appoint and may dismiss ministers. The
Prime Minister may assign one of the ministers to exercise the duties of
the first Vice Prime Minister and to assign one or more ministers to
exercise the duties of Vice Prime Minister. |
4. The Prime Minister shall appoint and dismiss ministers. He/she shall
be authorised to assign the duties of the first Vice Prime Minister to
one of the ministers and to assign the duties of the Vice Prime Minister
to one or more ministers. |
||
7. If the Prime Minister resigns or his/her term of office
otherwise ceases, the term of office of other Government members shall
also cease. If any other Government member resigns or is removed from
office, the Prime Minister shall appoint a new member of the Government
within two weeks.(version
15/10/2010)
|
5. The Prime Minister shall be accountable to Parliament for the activities of the Government. The Prime Minister shall annually submit a report to Parliament on the progress of the Government Programme and, upon the request of Parliament, on the progress of a particular part of the Government Programme. |
5. The Prime Minister shall be accountable for the activities of the
Government before Parliament. He/she shall submit an annual report on
the implementation of the Government Programme to Parliament, and shall
also report on the implementation of particular parts of the Government
Programme at the request of Parliament.
|
||
Article 80. 1. Once the newly elected Parliament is
approved, the Government shall be deemed dismissed and the President of
Georgia shall impose duties on it until a new composition of the
Government is created.
2. The President of Georgia shall, within seven days after the revocation of the Government’s authority, nominate a candidate for Prime Minister proposed by the election subject that has obtained the best results in Parliamentary elections. 3. Any candidate for Prime Minister shall, within seven days, nominate candidates for Ministers and propose a composition of the Government to the Parliament of Georgia to gain a vote of confidence. A Government Program shall be submitted together with a composition of the Government. 4. The Parliament of Georgia shall, within seven days after a composition of the Government has been proposed, consider and put the confidence in the Government and the Government Program to a vote. The confidence of Parliament shall be gained by a majority of the total number of MPs. 5. If a composition of the Government has not gained a vote of confidence, the issue of passing a vote of confidence in the composition proposed initially or in a new composition of the Government shall be put to a vote within 30 days after a composition of the Government has been proposed to the Parliament.
|
Article 56. Vote of confidence. 1. Once the authority of the newly elected Parliament is recognised, the Government shall resign before Parliament and shall continue performing its duties until a new Prime Minister is appointed. 2. Parliament shall pass a vote of confidence in the Government
proposed by the candidate for Prime Minister nominated by the political
party that has won in the parliamentary elections, within two weeks
after the Government resigns, or the Prime Minister resigns or his/her
office otherwise terminates. A Government Programme shall be proposed to
Parliament together with a composition of the Government. The confidence
of Parliament shall be achieved by a majority of the total number of
members of Parliament. |
Article 56. Vote of confidence. 1. Upon the recognition of the full powers of the newly elected Parliament, the Government shall relinquish its authority to Parliament and continue to perform its duties until a new Prime Minister is appointed. In case of the resignation of the Prime Minister, the authority of the Prime Minister is terminated upon his/her resignation. In case of the resignation of the Prime Minister or the termination of his/her authority otherwise, the Government shall continue to act until a new Prime Minister is appointed. 2. Within 2 weeks after the Government relinquishes its authority, as
well as after the resignation of the Prime Minister or the termination
of his/her authority otherwise, Parliament shall hold a vote of
confidence in the Government proposed by a candidate for the office of
Prime Minister nominated by the political party that secured the best
results in the parliamentary elections. A Government programme shall be
presented to Parliament together with the composition of the Government.
A majority of the total number of the Members of Parliament is required
to pass a vote of confidence. |
||
6. If a candidate for Prime Minister is not proposed or Parliament does
not pass a vote of confidence in the composition of the Government in
accordance with and within the term provided for by paragraph 5 of this
Article, the President shall, within seven days, nominate a candidate
for Prime Minister proposed by at least two fifths of the full list of
MPs. If different compositions of MPs propose two candidates, the
President shall nominate the candidate proposed by a majority of MPs. If
candidates are nominated by equal number of the members of Parliament,
the President shall nominate one of the candidates proposed. |
3. If Parliament does not pass a vote of confidence in the Government
within the prescribed time frame, the President of Georgia shall
dissolve Parliament within not earlier than two weeks and not later than
three weeks after the respective time frame expires, and shall call
extraordinary parliamentary elections. |
3. If Parliament’s vote of confidence in the Government is not passed
within the established time frame, the President of Georgia shall
dissolve Parliament no earlier than 2 weeks and no later than 3 weeks
after the respective time frame has expired, and shall call
extraordinary elections of Parliament. |
||
7. In the case provided for by paragraph 6 hereof, the Government
members shall be selected and a vote of confidence shall be given in a
composition of the Government according to paragraphs 3 and 4 of this
Article. If Parliament fails to give a vote of confidence in a
composition of the Government, the President of Georgia shall, within
three days, dissolve Parliament and schedule extraordinary elections.
|
4. The President of Georgia shall not dissolve Parliament and shall
not call extraordinary parliamentary elections if Parliament, within two
weeks after the time frame under the second paragraph of this article
expires, passes a vote of confidence by a majority of the total number
of its members in the Government proposed by the candidate for Prime
Minister nominated by more than one third of the total number of the
members of Parliament. |
4. The President of Georgia shall not dissolve Parliament and shall
not call extraordinary elections of Parliament if, within 2 weeks from
the expiry of the time frame set forth in paragraph 2 of this article,
Parliament passes by a majority of the total number of its members a
vote of confidence in the Government proposed by a candidate for the
office of Prime Minister nominated by more than one third of the total
number of the Members of Parliament. |
||
8. The President of Georgia shall, within two days after giving a vote
of confidence in a composition of Government, appoint the Prime
Minister. The Prime Minister shall, within two days, appoint the other
members of the Government. Unless the President issues a legal act on
the appointment of the Prime Minister within the defined term, the Prime
Minister shall be deemed appointed.
|
5. The President of Georgia shall appoint the Prime Minister within two days after a vote of confidence in the Government has been passed, and the Prime Minister shall appoint ministers within two days after his/her appointment. If the President of Georgia fails to appoint the Prime Minister within the prescribed time frame, the Prime Minister shall be deemed appointed. |
5. Within 2 days of a vote of confidence in the Government, the President of Georgia shall appoint a Prime Minister. The Prime Minister shall then appoint ministers within 2 days of his/her appointment. If the President does not appoint the Prime Minister within the established time frame, the Prime Minister shall be considered appointed. |
||
Article 801. 1. If
the Government ceases to exercise its authority, the President of
Georgia shall, within seven days, nominate a candidate for Prime
Minister proposed by the parliamentary majority, and unless such a
majority is formed, shall nominate a candidate proposed by the
parliamentary faction where the most members of the Parliament are
represented.
2. Government members shall be selected and a vote of confidence shall be given in a composition of the Government in accordance with paragraphs 3-8 of Article 80 of the Constitution of Georgia. 3. In the circumstances defined in paragraph 1 of this article, the President of Georgia shall impose duties on the same composition of the Government until a new Government is formed.
|
||||
Article 81. (version
15/10/2010)
1. Parliament shall have the right to give a
vote of no confidence in the Government. Not less than two fifths of the
full list of MPs shall have the right to call for a vote of no
confidence. A vote of no confidence shall be called for within not
earlier than 20 and not later than 25 days. A vote of no confidence
shall be deemed called for if the decision is supported by a majority of
the full list of MPs. Unless Parliament adopts a decision on calling for
a vote of no confidence, the same MPs shall not apply to Parliament for
calling for a vote of no confidence within six months upon holding a
vote.
2. Parliament shall, not earlier than 20 days and not later than 25 days after calling for a vote of no confidence, vote for the nomination of the candidate for Prime Minister proposed by at least two fifths of the full list of MPs to the President. If 2 candidates are nominated under this paragraph, both of them shall be put to a vote. A candidate for Prime Minister shall be presented to the President if a majority of the full list of MPs has voted for him/her. Failure to put up a candidate for Prime Minister as determined by this paragraph shall mean the termination of the procedure for giving a vote of no confidence. 3. The President shall have the right to put up a nominated candidate for Prime Minister or refuse to put up the same candidate within five days after the nomination. If the President puts up the candidate nominated by Parliament, a vote of confidence shall be given in a new composition of the Government under the procedure determined by Article 80(3) and (4) of the Constitution. 4. If the President refuses to put up a candidate for Prime Minister proposed by Parliament under the paragraph 3 of this article, Parliament shall vote for the nomination of the same candidate for Prime Minister to the President within not earlier than 15 and not later than 20 days after the nomination. If nomination is supported by three fifths of the total number of MPs, the President shall be obliged to put up, within three days, the candidate for Prime Minister proposed to him. A vote of confidence shall be given to a new composition of the Government as determined by Article 80(3) and (4). 5. Giving Parliament’s vote of confidence in a new composition of the Government as determined by paragraphs 3 and 4 of this article shall be deemed as giving a vote of no confidence in the Government. This shall lead to the termination of term of office of the Government. A new Prime Minister and members of the Government shall be appointed as determined by Article 80(8). 6. If Parliament gives a vote of no confidence in a new composition of the Government as determined by paragraphs 3 and 4 of this article, the President shall have the right to dissolve Parliament and schedule extraordinary elections within three days. |
||||
Article 811. repealed. (version
4/10/2013)
|
||||
Article 81. 1. Ministries are created on the basis of law in the fields necessary for the functioning of the state and public life. 2. Ministry is directed by a minister who takes decisions independently on matters under his jurisdiction. Ministers issue orders on the basis of law and for its implementation. 3. A State Minister who directs chancellery and fulfils separate tasks under the direction of the President is considered to be part of the government. |
Article 812. (version
06/02/2004)
1. Ministries shall be
established in order to ensure the implementation of state governance
and state policy in specific areas of state and public life.
2. A ministry shall be headed by a minister who adopts decisions independently on the matters falling within his/her competence. A minister shall issue orders on the basis and for the fulfillment of law, a normative act of the President, or an ordinance of the Government. 3. The State Minister shall be appointed as determined by the Constitution in order to fulfil state objectives of particular importance. 4. A member of the Government shall have no right to hold any other office except in a party, establish a company, engage in entrepreneurial activity, or receive a salary from any other activity except from scientific, pedagogical, and creative work. 5. A member of the Government shall be authorised to resign. |
|||
Article 57. Vote of no confidence. 1. Parliament shall have the right to pass a vote of no confidence in the Government. 2. More than one third of the total number of the members of Parliament shall have the right to call for a vote of no confidence. In addition to calling for a vote of no confidence, the initiators shall nominate a candidate for Prime Minister, and the candidate for Prime Minister shall propose to Parliament a new composition of the Government. A Government Programme shall be proposed to Parliament together with the new composition of the Government. 3. If Parliament passes a vote of confidence in a new Government by a majority of the total number of its members not earlier than 7 days and not later than 14 days after the call for a vote of no confidence, the vote of no confidence shall be deemed passed. The President of Georgia shall appoint the Prime Minister within two days after a vote of confidence is passed in the new Government, and the Prime Minister shall appoint ministers within two days after his/her appointment. If the President of Georgia fails to appoint the Prime Minister within the prescribed time frame, the Prime Minister shall be deemed appointed. The powers of the Government shall terminate upon the appointment of a new Prime Minister. 4. If Parliament fails to pass a vote of no confidence in the Government after a vote of no confidence has been called, the same members of Parliament may not call for a vote of no confidence for the following six months. |
Article 57. Vote of no confidence. 1. Parliament shall be entitled to hold a vote of no confidence in the Government. 2. A vote of no confidence in the Government shall be held if the motion is proposed by more than one third of the total number of the Members of Parliament. Together with a no confidence motion, the initiators shall nominate a candidate for the office of Prime Minister, and the candidate for the office of Prime Minister shall propose a new composition of the government to Parliament. A Government programme shall be presented to Parliament together with the composition of the Government. 3. If Parliament passes a vote of confidence in a new Government by a majority of the total number of its members no earlier than 7 days and no later than 14 days after proposing the motion, a vote of no confidence shall be considered passed. Within 2 days after a vote of confidence in the new Government has been passed, the President of Georgia shall appoint a Prime Minister. The Prime Minister shall then appoint ministers within 2 days of his/her appointment. If the President of Georgia does not appoint the Prime Minister within the established time frame, the Prime Minister shall be considered appointed. The authority of the Government shall be terminated once a new Prime Minister is appointed. 4. If Parliament does not pass a vote of no confidence in the Government, it shall be inadmissible for the same Members of Parliament to propose a vote of no confidence within the next 6 months. |
|||
Article 58. Passing a vote of confidence on the initiative of the Prime Minister. 1. The Prime Minister shall have the right to present to Parliament an issue of confidence in the Government. 2. An issue of confidence shall be put to vote not earlier than the 7 th day and not later than the 14 th day after it has been presented. If the Government fails to achieve a vote of confidence from Parliament, the President of Georgia shall, not earlier than the 8 th day and not later than the 14 th day after the vote, dissolve Parliament and call extraordinary parliamentary elections. 3. The President of Georgia shall not dissolve Parliament if Parliament, within seven days after voting against a vote of confidence in the Government, passes a vote of confidence by a majority of the total number of its members in a Government proposed by the candidate for Prime Minister nominated by more than one third of the total number of the members of Parliament. A Government Programme shall be proposed to Parliament together with a new composition of the Government. The President of Georgia shall appoint the Prime Minister within two days after the vote of confidence in the new Government, and the Prime Minister shall appoint ministers within two days after his/her appointment. If the President of Georgia fails to appoint the Prime Minister within the prescribed time frame, the Prime Minister shall be deemed appointed. The powers of the Government shall terminate upon the appointment of a new Prime Minister.
|
Article 58. Vote of confidence on the initiative of the Prime Minister. 1. The Prime Minister shall have the right to present to Parliament an issue of confidence in the Government. 2. An issue of confidence shall be put to vote no earlier than the 7 th day and no later than the 14 th day after it has been presented. If the Government fails to achieve a vote of confidence from Parliament, the President of Georgia shall, no earlier than the 8 th day and no later than the 14 th day after the vote, dissolve Parliament and call extraordinary parliamentary elections. 3. The President of Georgia shall not dissolve Parliament if, within 7 days after voting against a vote of confidence in the Government, Parliament passes by a majority of the total number of its members a vote of confidence in the Government proposed by a candidate for the office of Prime Minister nominated by more than one third of the total number of the Members of Parliament. A Government programme shall be presented to Parliament together with the composition of the Government. Within 2 days of the vote of confidence in the new Government, the President of Georgia shall appoint the Prime Minister. The Prime Minister shall then appoint ministers within 2 days of his/her appointment. If the President of Georgia does not appoint the Prime Minister within the established time frame, the Prime Minister shall be considered appointed. The authority of the Government shall be terminated once a new Prime Minister is appointed.
|
|||
Art. 75. |
Chapter Six |
|||
Chapter 5 |
||||
Article 82. 1. Judicial power is exercised by Constitutional supervision, the administration of justice and other forms determined by law. 2. Acts of courts are binding on the whole territory of the country for all state bodies and persons. 3. The judiciary is independent and its function is exercised only by courts. 4. Courts make decisions on behalf of Georgia. |
Article 59. Judicial authority. 1. Judicial authority shall be independent and shall be exercised by the Constitutional Court of Georgia and the general courts of Georgia. 2. The Constitutional Court of Georgia shall be a judicial body of constitutional control. Its powers, the procedure for its creation, and its rules of operation, shall be defined by the Constitution and organic law. |
Article 59. Judiciary. 1. Judicial power shall be independent and exercised by the Constitutional Court of Georgia and the common courts of Georgia. 2. The Constitutional Court of Georgia is a judicial body of constitutional control. The procedure for its creation and activity shall be determined by the organic law. |
||
5. Cases in the courts of general jurisdiction shall be
heard by juries in the cases and as provided for by law.
|
||||
Article 83. 1. The legal body for Constitutional
supervision is the Constitutional Court of Georgia. Its authority,
rights of creation and activity are determined by the Constitution and
organic law. |
||||
2. Justice is performed by general courts. Their system and rules of
procedure are determined by law. |
2. Justice shall be administered by the courts of general
jurisdiction. Their system shall be determined in organic law. |
3. Justice shall be administered by general courts. Specialised courts may be established only within general courts. Military courts may be established during martial law and only within general courts. The establishment of either extraordinary or special courts shall be impermissible. Cases in general courts shall be heard by juries in such cases and under such procedures as determined by law. The system, powers, and rules of operation of general courts shall be determined by organic law. |
3. Justice shall be administered by common courts. Specialised courts may be created only within the system of common courts. A military court may be created during martial law and only within the system of common courts. The creation of extraordinary courts shall be inadmissible. In common courts, cases shall be heard by juries in cases defined by law and in accordance with the established procedure. The system of common courts, their authority and procedure for activity shall be determined by the organic law.
|
|
3. The creation of military courts is possible in war conditions and only within the system of general courts. 4. The creation of emergency or special courts is prohibited. |
||||
Art. 87.
Article 88. 1. The Constitutional Court of Georgia
exercises its authority in accordance with the norms of Constitutional
procedure. |
Article 60. Constitutional Court of Georgia. 1. The
Constitutional Court of Georgia shall exercise judicial authority
through constitutional proceedings. |
|||
2. The Constitutional Court of Georgia consists of nine judges. Three
members of the court are appointed by the President, three members are
elected by the Parliament by three fifths of the total number of
deputies and three members are appointed by the Supreme Court. The
tenure of the members of Constitutional Court is ten years. The
Constitutional Court selects the Chairman of the court for a period of
five years. Elections of a Chairman for a second term is not permissible.
|
2. The Constitutional Court of Georgia consists of 9 judges who
are members of the Constitutional Court. Three members of the Court
shall be appointed by the President of Georgia, three members shall be
elected by more than half of the full list of MPs, and three members
shall be appointed by the Supreme Court. Members of the Constitutional
Court shall be appointed for 10 years. The Constitutional Court shall
elect its chairperson among its composition for a period of five years.
(version 15/10/2010) |
2. The Constitutional Court shall be composed of 9 judges appointed
for a term of 10 years, out of which 3 judges shall be appointed by the
President of Georgia, 3 judges shall be elected by Parliament by a
majority of three fifths of the total number of its members, and 3
judges shall be appointed by the Supreme Court. A judge of the
Constitutional Court shall be a citizen of Georgia who is 35 years old
and over, and who has higher legal education, and at least ten years of
experience in the practice of law, and who has distinguished
professional qualifications. No person shall be a judge of the
Constitutional Court if they have held this office before. |
2. The Constitutional Court shall consist of nine judges appointed for a
term of 10 years, out of which three judges shall be appointed by the
President of Georgia, three judges shall be elected by Parliament by a
majority of at least three fifths of the total number of its members,
and three judges shall be appointed by the Supreme Court. A judge of the
Constitutional Court shall be a citizen of Georgia who has attained the
age of 35, has obtained a higher legal education, has at least 10 years
of specialised professional experience and a distinguished professional
qualification. A judge of the Constitutional Court shall not have
previously held this office. |
|
3. A member of the Constitutional Court may not be a person who has
held the position before. |
||||
4. A member of the Constitutional Court must be a citizen of Georgia
who has attained the age of 35 and has a high legal education. The
procedure for selection, appointment and election, release from duties
and other activities of Constitutional jurisdiction are determined by
law. |
4. Any citizen of Georgia having a higher legal education who is
thirty years old may be a member of the Constitutional Court. The
recruitment, appointment, and election procedure, and the issue of
termination of office for members of the Constitutional Court, as well
as other issues of the constitutional litigation and activity of the
Constitutional Court shall be laid down in law.
(version 27/12/2005) |
|||
5. Members of the Constitutional Court have personal immunity.
Bringing a member of the Constitutional Court before a criminal court,
his detention or arrest, the search of his work place, car or place of
residence without the consent of the Chairman o f the Constitutional
Court is impermissible. In cases where he is caught committing a crime
this should be immediately reported to the Constitutional Court. If the
Constitutional Court does not give its consent the detained or arrested
member must be rele ased forthwith. |
3. The Constitutional Court shall elect its chairperson from among
its composition for a term of five years. The same person may not be
re-elected as Chairperson of the Constitutional Court. |
3. The Constitutional Court shall elect a chairperson from among its
members for a term of 5 years. A person who has already held the
position of chairperson of the Constitutional Court shall not be
re-elected. |
||
Article 89. 1. The Constitutional Court of Georgia
upon the Complaints or Submission of the President, of not less than one
fifth of the Members of Parliament, of the courts, of supreme
representative bodies of Abkhazia and Adjaria, of the public defenders
or of a citizen and under the rules established by organic law: |
Article 89. 1. Based on an action brought or a nomination made by the President
of Georgia, the Government of Georgia, not less than one fifth of MPs,
the court, supreme representative bodies of the Autonomous Republics of
Abkhazia and Ajara, self-government representative bodies - Sakrebulos,
the High Council of Justice, the Public Defender or a citizen, under the
procedure determined by an organic law, the Constitutional Court of
Georgia shall:
(version 15/10/2010) |
4. The Constitutional Court shall, under procedures established by organic law: |
4. The Constitutional Court of Georgia shall in accordance with the procedures established by the organic law: |
|
a) consider the constitutionality of normative acts in terms of
fundamental human rights enshrined in Chapter II of the Constitution on
the basis of a claim filed by a natural person, a legal person or the
Public Defender; b) adjudicate the constitutionality of normative acts on the basis of a claim filed by the President of Georgia, not less than one fifth of the members of Parliament, or the Government of Georgia; c) on the basis of a submission from a general court, consider the constitutionality of a normative act that the general court should apply in hearing a particular case and that may be incompatible with the Constitution on the basis of a reasonable assumption thereof; |
a) review the constitutionality of a normative act with respect to the
fundamental human rights enshrined in Chapter Two of the Constitution on
the basis of a claim submitted by a natural person, a legal person or
the Public Defender; b) make decisions on the constitutionality of a normative act on the basis of a claim submitted by the President of Georgia, by at least one fifth of the Members of Parliament, or by the Government; c) on the basis of a submission by a common court, review the constitutionality of a normative act to be applied by the common court when hearing a particular case, and which may contravene the Constitution according to a reasonable assumption of the court; |
|||
a. decides the Constitutionality of the law, the President's normative acts and the normative acts of the supreme bodies of authority of Abkhazia and Adjaria; | a) adjudicate the constitutionality of a Constitutional Agreement, law, normative acts of the President and the Government, normative acts of supreme state bodies of the Autonomous Republic of Abkhazia and the Autonomous Republic of Ajara; (version 06/02/2004) | d) consider disputes on the competence of state bodies on the basis of a claim filed by the President of Georgia, Parliament, the Government, the High Council of Justice, the Prosecutor General, the Board of the National Bank, the Auditor General, the Public Defender, or the supreme representative or executive bodies of the Autonomous Republics; | d) review disputes about the competences of a respective body on the basis of a claim submitted by the President of Georgia, Parliament, the Government, the High Council of Justice, the General Prosecutor, the Board of National Bank, the General Auditor, the Public Defender or the supreme representative or executive body of an autonomous republic; | |
b. considers disputes on the competence between state bodies; c. considers questions of the constitutionality of the creation and activity of political parties; |
||||
d. considers disputes connected with the question of the Constitutionality of referenda and elections; | d) consider disputes on the constitutionality of regulations governing referenda and elections, as well as disputes on the constitutionality of elections (referenda) held or to be held on the basis of the regulations; (version 27/12/2005) | |||
e. considers disputes connected with questions of the constitutionality of treaties and international agreements; | e) consider the constitutionality of international agreements on the basis of a claim filed by the President of Georgia or the Government, or a claim or submission from not less than one fifth of the members of Parliament; | e) review the constitutionality of international treaties on the basis of a claim submitted by the President of Georgia, the Government, or by at least one fifth of the Members of Parliament; | ||
f. on the basis of complaints of citizens, considers questions of the Constitutionality of normative acts on the issues envisaged by the second chapter of this Constitution; |
f) consider the constitutionality of normative acts in terms of
fundamental human rights and freedoms enshrined in Chapter Two of the
Constitution on the basis of an individual’s lawsuit;
(version 27/12/2005) f1) consider disputes on violations of the Constitutional Law of Georgia on the Status of the Autonomous Republic of Ajara; (version 01/07/2004) f2) consider disputes on the constitutionality of normative acts in terms of the provisions defined by Chapter Seven¹ of the Constitution on the basis of a lawsuit brought by a self-government representative body - Sakrebulo; (version 15/10/2010) f3) consider the compatibility of normative acts with Articles 82, 84, 86, 86¹, 87 and 90 of the Constitution based on the submission by the High Council of Justice; (version 15/10/2010) |
f) consider the constitutionality of the activities of a political party
on the basis of a claim filed by the President of Georgia, not less than
one fifth of the members of Parliament, or the Government, and consider
the termination of powers of a member of a representative body elected
pursuant to nomination by the said political party; g) consider the constitutionality of a parliamentary decision on the recognition or pre-term termination of the membership of Parliament on the basis of a claim filed by Parliament and the respective individual; h) consider disputes on the constitutionality of regulations governing referenda or elections, and disputes on the constitutionality of referenda or elections held or to be held on the basis of these regulations, on the basis of a claim filed by the President of Georgia, or not less than one fifth of the members of Parliament, or the Public Defender; i) consider disputes on the constitutionality of normative acts in terms of the provisions of Chapter IX of the Constitution on the basis of a claim filed by a local self-government representative body; |
f) review the constitutionality of activities of a political party, or
of the termination of powers of a member of the representative body
elected upon nomination by this political party, on the basis of a claim
submitted by the President of Georgia, the Government, or by at least
one fifth of the Members of Parliament; g) review the constitutionality of Parliament's decision to acknowledge or prematurely terminate the powers of a Member of Parliament, on the basis of a claim submitted by at least one fifth of the Members of Parliament or the respective individual; h) review disputes related to norms regulating referendums or elections, and the constitutionality of referendums and elections held or to be held based on these norms, on the basis of a claim submitted by the President of Georgia, by at least one fifth of the Members of Parliament, or by the Public Defender; i) review the constitutionality of a normative act with respect to Chapter Nine of the Constitution on the basis of a claim submitted by the representative body of a local self-government; |
|
g. exercises other authorities determined by the Constitution and
organic law of Georgia. |
j) exercise other powers defined in the Constitution. |
j) exercise other powers determined by the Constitution. |
||
2. The decision of the Constitutional Court is final. Normative acts or their parts recognised as unconstitutional have no legal power from the moment the appropriate decision of the Constitutional Court is published. |
5. A judgment of the Constitutional Court shall be final. An act or
part of it recognised as unconstitutional shall cease to have legal
effect as soon as the respective judgment of the Constitutional Court is
promulgated, unless a different period of invalidation of the act or
part of it is established by the respective judgment. |
5. A judgment of the Constitutional Court shall be final. An act or a
part thereof that has been recognised as unconstitutional shall cease to
have legal effect as soon as the respective judgment of the
Constitutional Court is made public, unless the relevant judgment
envisages a later time frame for invalidating the act or a part thereof.
|
||
6. The Constitutional Court may not recognise regulations governing
elections as unconstitutional during the respective election year,
unless these regulations were adopted within one year before the
respective elections. The Plenum of the Constitutional Court shall make
a decision on recognising held elections as unconstitutional with the
unanimous consent of the total number of its members not later than the
7 th day after the results of the elections are officially announced.
|
6. A legal norm regulating elections shall not be recognised as
unconstitutional by the Constitutional Court within the respective
election year, unless this norm has been adopted within 15 months before
the month of the respective elections. |
|||
7. The appointment to and termination of office of judges of the Constitutional Court, and other issues related to constitutional proceedings and the activities of the Constitutional Court, shall be defined by organic law. |
7. The appointment of judges of the Constitutional Court and the termination of their terms of office, as well as the constitutional legal proceedings and other issues related to the activities of the Constitutional Court, shall be determined by the organic law. |
|||
Chapter VI.
Article 76. The supreme court of Georgia is the
senate elected by parliament and has the following functions: a) To watch over the strict enforcement of the law. b) To find out justice in the capacity of a court of cassation.
|
Article 90. 1. The Supreme Court of Georgia in
accordance with existing legal procedure supervises the enforcement of
justice of every court of Georgia, reconsiders cases determined by law
in the court of first instance. |
Article 90. 1. The Court of Cassation shall be the Supreme
Court of Georgia. |
Article 61. Supreme Court of Georgia. 1. The Supreme Court of Georgia shall be the court of cassation. | |
2. The Chairman and judges of the Supreme Court of Georgia, on the
President's nomination are elected for a period of not less than ten
years by the Parliament by the majority of the total number of deputies.
|
2. The Supreme Court shall be composed of not less than 28 judges. Parliament shall elect judges of the Supreme Court indefinitely by a majority of the total number of the members of Parliament, on the recommendation of the High Council of Justice. 3. Parliament shall elect the chairperson of the Supreme Court from among the members of the Supreme Court for a term of 10 years by a majority of the total number of the members of Parliament, on the recommendation of the High Council of Justice. The same person may not be re-elected as Chairperson of the Supreme Court. |
2. The Supreme Court shall consist of at least 28 judges. Upon
nomination by the High Council of Justice, the judges of the Supreme
Court shall be elected for life, until they reach the age established by
the organic law, by a majority of the total number of the Members of
Parliament.
3. Upon nomination by the High Council of Justice, Parliament shall elect a Chairperson of the Supreme Court from among the members of the Supreme Court for a term of 10 years by a majority of the total number of the Members of Parliament. A person who has already held the position of chairperson of the Supreme Court shall not be re-elected.
|
||
Article 77. Civil and criminal matters and
administrative debatable matters belong to the department of permanent
tribunals. The organization, jurisdiction, and competence of these
tribunals are determined by law.
|
3. The authority, organisation and procedure of the Supreme Court and
the dismissal of the Chairman and judges are determined by law. |
3. The powers, structure, rules of operation and procedure for
early termination of the office of the Supreme Court judges shall be
defined by organic law. |
||
4. The Chairman and members of the Supreme Court have personal immunity. Bringing a member before a criminal court, his detention or arrest, the search of his work place, car or place of residence without the consent of the Chairman of the Supreme Cour t is impermissible. In cases where he is caught committing a crime this should be immediately reported to Parliament. If Parliament does not give its consent the detained or arrested member must be released forthwith. |
||||
Article 78. The judiciary power is independent and
only obeys the law. Justice is rendered in the name of the democratic
Republic of Georgia.
|
Art. 84. Article 85. 1. Cases in court are considered in open sittings. Cases may be closed only as provided by law. Decisions of courts are announced publicly. 2. Jurisdiction is exercised in the state language. Persons not having command of the legal language of the court are provided with interpreters. In the regions where the population does not have a command of the state language, the state provides teaching in the state language and explanations of matters pertaining to its jurisdiction. 3. Legal proceedings are exercised on the base of equality and competition of the parties. |
Article 62. Proceedings. 1. Courts shall deliver judgments on behalf of Georgia.
Judicial acts shall be binding. The failure to execute, or interference
with the execution of, a court judgment shall be punishable by law.
2. Only a court may set aside, change, or suspend a court judgment under the procedure provided for by law. The procedure for release from serving a sentence, and substituting an outstanding sentence with a more lenient sentence, shall be defined by law. 3. Courts shall review cases at open hearings. Cases may be reviewed at closed hearings only in the cases provided for by law. Court decisions shall be published. 4. Legal proceedings shall be conducted in the official language. An individual not having a command of the official language shall be provided with an interpreter service. 5. Legal proceedings shall be conducted on the basis of the equality and adversariality of parties.
|
Article 62. Judicial proceedings. 1.
A court shall award a judgment on behalf of Georgia. Judicial acts shall
be binding. Failure to comply with a court judgment or interference with
the execution of a court judgment shall be punishable by law.
2. Court judgments may be annulled, changed or suspended only by court, in accordance with the procedures established by law. Other procedures for releasing from a sentence and commuting the unserved part of a sentence shall be determined by law. 3. Court hearings shall be open. Closed hearings shall be permitted only in cases provided for by law. A court judgment shall be declared publicly. 4. Legal proceedings shall be conducted in the official language. An individual who does not have a command of the official language shall be provided with an interpreter. 5. Legal proceedings shall be conducted on the basis of equality of arms and the adversarial process.
|
|
Article 79. The verdicts pronounced by the Tribunals can not be annulled, modified, or suspended by any legislative, administrative, or executive body. |
||||
Article 80. The hearings of the courts are public;
in certain cases, where the morale or public security requires it,
courts can be held behind closed doors.
|
||||
Article 81. All serious matters belong to the penal
jurisdiction, as well as political matters, and offences of the press
are submitted to a jury.
|
||||
Article 82. Judges are elected for fixed period. The
rules of such elections as well as the conditions to which the judges
have to submit are determined by law.
|
Art. 83. Article 84. 1. A judge is independent in his activity and is subject only to the Constitution and law. Any interference in a judge's activities in order to influence his decision is prohibited and punished by law. 2. The removal of a judge from a case, his preliminary dismissal or transfer to another position is permissible only by law in prescribed circumstances. 3. No one has the right to make a judge accountable in a particular case. 4. All acts which restrict the independence of a judge are void. 5. The repeal, change to or halting of a court decision is possible only by a court by the procedure in accordance to rules determined by law. Art. 85. |
Article 63. Judge. 1. A judge shall be independent in his/her activities and shall comply with the Constitution and law only. Any pressure upon a judge or any interference in his/her activities to influence his/her decision making shall be prohibited and punishable by law. No one shall have the right to claim a report of any particular case from a judge. Any act restricting the independence of a judge shall be void. | Article 63. Judge.
1. A judge shall be independent in his/her activity and shall only
comply with the Constitution and law. Any pressure upon a judge or any
interference in his/her activity in order to influence his/her
decision-making shall be prohibited and punishable by law. No one shall
have the right to demand an account concerning a particular case from a
judge. All acts restricting the independence of a judge shall be null
and void. |
|
Article 83. Expect by determination of the court, judges can not be the object of any change to their wishes. They can only be temporarily dismissed, if they are arraigned by justice or if their case is under consideration. Their definite dismissal can only take place by judgment of the court. |
Art. 86. Article 87. 1. Judges have personal immunity. Bringing a judge before a criminal court, his detention or arrest, the search of his workplace, car or place of residence without the consent of the Chairman of the Supreme Court is impermissible. In cases where he is caught committing a crime, this should be immediately reported to the Chairman of the Supreme Court. If the Chairman of the Supreme Court does not give his consent, the detained or arrested judge must be released forthwith. 2. State guarantees the security of a judge and his family. |
2. A judge shall enjoy personal immunity. No one has the right to bring criminal proceedings against, arrest or detain a judge, search the place of his/her residence, workplace, car, or conduct a personal search without the consent of the High Council of Justice, and in the case of a judge of the Constitutional Court, without the consent of the Constitutional Court. The exceptions are cases when a judge is caught in flagrante delicto , in which case the High Council of Justice or the Constitutional Court shall be immediately notified. Unless the High Council of Justice or the Constitutional Court gives its consent, a judge whose liberty has been restricted shall be immediately released. 3. The State shall ensure the security of any judge and his/her
family. |
2. A judge shall enjoy
immunity. Criminal proceedings against a judge, his/her arrest or
detention, and searches of his/her place of residence, place of work,
vehicle or person shall be permitted only with the consent of the High
Council of Justice and, in the case of a judge of the Constitutional
Court, with the consent of the Constitutional Court. An exception may be
made if a judge is caught at the crime scene, in which case the High
Council of Justice or the Constitutional Court, respectively, shall be
notified immediately. Unless the High Council of Justice or the
Constitutional Court, respectively, consents to the detention, the
detained judge shall be released immediately.
3. The State shall ensure the security of a judge and his/her family. |
|
Art. 85. Article 86. 1. A judge must be a citizen of Georgia who has attained the age of thirty, who has high legal education, and at least five years experience in the practise of law. 2. A judge is appointed for a period of not less than ten years. 3. The position of a judge is incompatible with any other occupation or remunerative activity, except pedagogical activities. A judge cannot be a member of a political party, or participate in political activities. |
Article 86. 1. A judge must be a citizen of Georgia who has attained the age of thirty, who has high legal education, and at least five years experience in the practise of law. (version 15/10/2010) 2. A judge is appointed for a period of not less than ten years. (version 15/10/2010) 3. The position of a judge shall be incompatible with any other occupation and remunerative activity, except for pedagogical and scientific activities. A judge may not be a member of a political party or participate in a political activity. (version 27/12/2005)
|
4. The position of a judge shall be incompatible with another position and remunerative activity, except for scientific and pedagogical activities. A judge may not be a member of a political party or participate in political activities. 5. A judge of a general court may be disqualified from hearing a case or dismissed from office or moved to another position only in the cases defined by organic law. The irremovability of a judge shall be guaranteed by organic law. The restructuring and liquidation of a court may not serve as grounds for dismissing a judge appointed indefinitely. 6. A judge of a general court shall be a citizen of Georgia who is 30 years old and over, and who has relevant higher legal education, and at least five years of experience in the practice of law. Additional qualification requirements for judges of general courts shall be defined by organic law. Judges of general courts shall be appointed for life unless they reach the age determined by organic law. Judges shall be selected on the basis of honesty and competence. The High Council of Justice shall make a decision on appointing a judge to office by a majority of two thirds of the total number of its members. The procedure for appointing and dismissing judges from office shall be defined by the Constitution and organic law. |
4. The office of a judge shall
be incompatible with any other office and remunerative activities,
except for academic and pedagogical activities. A judge shall not be a
member of a political party or participate in a political activity.
5. A judge of the common courts may be removed from consideration of a case, dismissed or moved to another position only in cases defined by the organic law. The irremovability of a judge shall be guaranteed by the organic law. The reorganisation or liquidation of the court shall not be the basis for dismissing a judge appointed for life. 6. A judge of the common courts shall be a citizen of Georgia who has attained the age of 30, has a relevant higher legal education and at least 5 years of specialised professional experience. Additional qualification requirements for judges of the common courts shall be defined by the organic law. Judges of the common courts shall be appointed for life until they reach the age established by the organic law. Judges of the common courts shall be selected based on their conscientiousness and competence. The decision to appoint a judge shall be made by a majority of at least two thirds of the total number of the members of the High Council of Justice. The procedures for appointing and dismissing judges shall be determined by the organic law.
|
|
Article 861. 1. The
High Council of Justice of Georgia shall be established in order to
appoint and dismiss judges to/from office and to perform other tasks.
2. More than half of the High Council of Justice of Georgia shall be
composed of the members elected by a self-government body of judges of
the courts of Georgia of general jurisdiction. Chairperson of the
Supreme Court of Georgia shall chair the High Council of Justice of
Georgia. |
Article 64.
High Council of Justice. 1. The High Council of Justice of Georgia,
a body in the system of general courts, shall be established to ensure
the independence and efficiency of general courts and to appoint and
dismiss judges to/from office and to perform other tasks.
2. The High Council of Justice shall be composed of 15 members. More
than half of the High Council of Justice shall be composed of members
elected from among judges by a self-government body of judges of general
courts. Members of the High Council of Justice who are not elected by a
self-government body of judges of general courts, and a member who is
not appointed by the President of Georgia, shall be elected by
Parliament by a majority of three fifths of the total number of its
members. The High Council of Justice shall elect the Chairperson of the
High Council of Justice from among the judges of the High Council of
Justice under the procedure established by organic law. |
Article 64.
High Council of Justice. 1. The High Council of Justice of Georgia –
a body of the common courts system – shall be established to ensure the
independence and efficiency of the common courts, to appoint and dismiss
judges and to perform other tasks.
2. The High Council of Justice shall consist of 14 members appointed
for a term of 4 years, and the Chairperson of the Supreme Court. More
than half of the members of the High Council of Justice shall be members
elected from among the judges by the self-governing body of judges of
the common courts. In addition to the members elected by the
self-governing body of judges of the common courts, and the Chairperson
of the Supreme Court, the High Council of Justice shall have one member
appointed by the President of Georgia and members elected by a majority
of at least three fifths of the total number of the Members of
Parliament. The Chairperson of the High Council of Justice shall be
elected for 4 years, but not more than the term defined by his/her term
of office as a member of the High Council of Justice. The Chairperson of
the High Council of Justice shall be elected by the High Council of
Justice from among its judge members in accordance with the procedures
established by the organic law. The Secretary of the High Council of
Justice shall be elected for 4 years by the self-governing body of
judges of the common courts from among the members of the High Council
of Justice that have been elected by the self-governing body of judges
of the common courts. |
||
3. The High Council of Justice of Georgia shall be accountable to a
self-government body of judges of general courts. The procedure for
reporting shall be defined by organic law. |
3. The High Council of Justice
shall be accountable to the self-governing body of judges of the common
courts. The procedure for accountability shall be determined by the
organic law. |
|||
3. The powers and the procedures for establishment of the High Council
of Justice of Georgia shall be defined by organic law.
|
4. The powers and the procedure for the establishment and the rules
of operation of the High Council of Justice shall be defined by organic
law.
|
4. The competences of the High
Council of Justice and the procedures for its establishment and activity
shall be determined by the organic law.
|
||
Art. 90. Article 91. 1. The procurator's office of Georgia is the institution of the judiciary which performs capital prosecution, supervises investigation, enforces sentences handed down by the courts and prosecutes state indictments. 2. The procurator's office of Georgia is one, centralised system. The Procurator General is appointed for a period of five years by Parliament upon the President's nomination, by the majority of the total number of deputies. Subordinate procurators are appointed by the Procurator General. 3. The authority, organisation and procedure of the procurator's office is determined by organic law. |
Art. 81-3. Article 814. (version 10/10/2008) Bodies of the Prosecutor’s Office are under the system of the Ministry for Justice and the Minister for Justice shall provide general management of their operations. The powers and activities of the Prosecutor’s Office shall be defined by law. |
Article 65. Prosecutor's Office. 1. The Prosecutor's Office shall be independent in its activities and shall comply with the Constitution and law only. 2. The Prosecutor's Office shall be supervised by the Prosecutor General, who shall be elected under the procedure established by organic law for a term of six years by Parliament by a majority of the total number of its members, on the recommendation of the Prosecutorial Council. 3. A Prosecutorial Council shall be established to ensure the independence, transparency and efficiency of the Prosecutor's Office, which shall be composed of 15 members elected under the procedure established by organic law. The Prosecutorial Council shall elect its chairperson for a term of two years. 4. The Prosecutor's Office shall annually present to Parliament a report of its activities. 5. The powers, structure and rules of operation of the Prosecutor’s Office shall be defined by organic law. |
Article 65. Prosecutor's Office. 1. The Prosecutor’s Office of Georgia shall be independent in its activity and shall only comply with the Constitution and law. 2. The Prosecutor’s Office shall be led by the General Prosecutor, who is elected for a term of 6 years upon nomination by the Prosecutors’ Council by a majority of the total number of the Members of Parliament, in accordance with the procedures established by the organic law. 3. The Prosecutors’ Council shall be established to ensure the independence, transparency and efficiency of the Prosecutor’s Office. The Council shall consist of 15 members elected in accordance with the procedures established by the organic law. The Chairperson of the Prosecutors’ Council shall be elected by Council members for a term of 2 years. 4. The Prosecutor’s Office shall submit a report on its activities to Parliament on an annual basis. 5. The competences, structure and procedure for the activity of the Prosecutor’s Office shall be determined by the organic law. |
|
Art. 90.
Article 91. repealed.
(version 06/02/2004)
|
||||
Art. 83. |
Chapter 6 |
Chapter Seven |
||
Art. 87. Article 88. All revenues and all expenses of the state must appear in the budget. The budget must be presented every year to parliament for its approval. |
Article 92. 1. The Parliament of Georgia by the majority of the total number of deputies, annually passes the state budget law which is signed by the President. 2. The procedures for making and passing the budget are determined by law. |
Article 66. State Budget. 1. Parliament shall annually adopt the Law on the State Budget by a majority of the total number of its members. 2. Only the Government shall have the right to present a draft State Budget to Parliament after it has reviewed the Basic Data and Directions with the committees of Parliament. The Government shall submit a draft State Budget for the next year to Parliament not later than three months before the end of a budget year. Along with a draft State Budget, the Government shall submit a report of the progress of the execution of the State Budget for the current year. The Government shall submit a report of the execution of the State Budget to Parliament for approval not later than five months from the end of a budget year. 3. Amendments may be made to a draft law on the State Budget only with the consent of the Government. The Government may demand that Parliament incur additional state expenditure only if it indicates the source for covering the expenditure. 4. Parliament may adopt a draft law that increases the expenditure of the State Budget for the current budget year, reduces income, or places the State under new financial obligations, only with the consent of the Government, whereas a draft law associated with the following budget year may be adopted by the consent of the Government or within the scope of a document of Basic Data and Directions of the country presented by the Government to Parliament. 5. If Parliament does not adopt the State Budget by the beginning of a new budget year, the expenditure shall be covered under the procedure established by law, according to the State Budget for the previous year. 6. Compared to the amount of budgetary funds allocated from the previous year, the current funds earmarked in the State Budget for Parliament may be reduced only with the prior consent of Parliament. Parliament shall, at its sole discretion, make a decision on the distribution of funds earmarked for Parliament in the State Budget. 7. The President of Georgia shall sign and promulgate the Law on the State Budget in accordance with the procedure established by Article 46 of the Constitution. Parliament may share the comments of the President of Georgia on the Law on the State Budget only with the consent of the Government. 8. The procedure for drafting and adopting the State Budget shall be defined by law. |
Article 66. State Budget. 1. The Parliament of Georgia shall annually adopt the Law on the State Budget by a majority of the total number of its members. 2. Only the Government of Georgia shall have the right to present a draft State Budget to Parliament after the Basic Data and Directions have been examined with the committees of Parliament. The Government shall submit to Parliament a draft State Budget for the following year no later than 3 months before the end of a budget year. Together with a draft State Budget, the Government shall submit a progress report on the execution of the State Budget for the current year. The Government shall submit a report on the execution of the previous year’s State Budget to Parliament for approval no later than 5 months after the end of the budget year. 3. Amending a draft law on the State Budget shall be inadmissible without the consent of the Government. The Government may request that Parliament meets additional state expenses if it indicates the sources used to cover those expenses. 4. Parliament may adopt a law on increasing the expenditures or on reducing the revenues of a State Budget, or on introducing new financial obligations for the State for the current budget year, only with the consent of the Government. Laws related to the following budget year may be adopted with the consent of the Government or within the scope of the document on Basic Data and Directions of the country submitted by the Government to Parliament. 5. If Parliament does not adopt a State Budget by the beginning of a new budget year, expenses shall be covered in accordance with the procedures established by law, based on the State Budget of the previous year. 6. A reduction of the funds allocated for Parliament in the State Budget, as compared to the amount budgeted for the previous year, shall be possible only with the prior consent of Parliament. Parliament shall decide independently how to distribute the funds allocated for Parliament in the State Budget. 7. The Law on the State Budget shall be signed and promulgated by the President of Georgia in accordance with Article 46 of the Constitution. The remarks of the President on the Law on the State Budget may be accepted by Parliament only with the consent of the Government. 8. The procedures for drafting and adopting a State Budget shall be determined by law. |
|
Article 89. If
parliament does not get to voting the budget for the commencement of the
budget year, the government can be authorized by parliament until the
approval of the budget to cover the expenses of the state on the basis
of the budget of the previous year.
|
Article 93. 1. Only the President has the right to submit the draft budget to Parliament. 2. The President is obliged to submit the draft budget to the Parliament not later than three months before the end of the current budget year. Together with the draft budget the President submits a report on the implementation of the budget for the current year. The President submits a report on the implementation of the state budget no later than three months following the end of the budget year. 3. Without the consent of the President it is impossible to introduce changes to the draft budget. The President can require from Parliament additional state expenditure only if he indicates how the additional expenditure will be covered. 4. If Parliament cannot pass the budget by the beginning of the new budget year, expenditures needed to cover the state's liabilities are made in accordance with the budget of the prior fiscal year.
|
Article 93.
(version 15/12/2010) 1. Only the Government of Georgia shall have
the right to present a draft State Budget to Parliament after it has
examined the Basic Data and Directions with the committees of Parliament.
2. The Government shall submit a draft State Budget for the next year to Parliament not later than three months before the end of a budget year. Along with a draft State Budget, the Government shall submit a report of the progress of the execution of the State Budget for the current year. The Government shall submit a report of execution of the State Budget to Parliament for approval not later than five months from the end of a budget year. 3. Amendments may be made to a draft State Budget only by the consent of the Government. The Government may demand that Parliament incur additional state expenditure only if it indicates the source for covering the expenditure. 4. If Parliament fails to adopt the presented State Budget within three months, the expenditure shall be covered according to the State Budget for the previous year. 41. If Parliament fails to adopt State Budget within two months after the beginning of a new budget year, this shall be regarded as raising a question of giving a vote of no confidence and the procedures under Article 81(2-5) of the Constitution shall continue. If Parliament fails to give the Government a vote of no confidence within the timeframe prescribed by paragraphs 2-4 of the same article, the President shall dismiss Parliament within three days after the above term expires and shall call extraordinary elections. (version 04/10/2013) 5. Parliament may adopt a draft law that increases expenditure of the State Budget for the current year, reduces income, or places the State under new financial obligations only by the consent of the Government, whereas, a draft law associated with the following financial year may be adopted by the consent of the Government or within the scope of a document of Basic Data and Directions of the country presented by the Government to Parliament. 6. Parliament shall control public expenditure through the State Audit
Office. |
||
Article 90. No transfer of expenses of one Chapter of the budget to another may be made without authority of parliament. | ||||
Art. 86. Article 87. No loans of state nor any other financial obligation may be contracted without the authorization of parliament. | ||||
7. The fundamental principles of economic policy with a view to
ensure long-term, sustainable economic growth shall be defined by
organic law. Cases of violation of thresholds set by macroeconomic
parameters and deviation from prescribed thresholds in case of urgent
necessity, also measures to be taken for returning to the parameter
thresholds shall be determined by organic law.
(version 15/12/2010)
|
see also art. 67
sec. 2 |
|||
Chapter VII. Article 84. No tax can be instituted or levied if not previously sanctioned by parliament. Note: The right bodies of self-government to levy taxes are determined by special laws. |
Article 94. 1. Everyone is obliged to pay taxes in the amount and by the rules determined by law. 2. The structure of taxes and their introduction are determined by
law. |
Article 67. Taxes and fees; economic policy. 1.
Taxes and fees shall be paid in the amount and under the procedure
established by law. The structure and the procedure for introducing
taxes and fees, and their rates and rate limits, may be established only
by law. Exemption from taxes shall be permitted only by law. Only tax
authorities defined by law shall exercise tax control. |
Article 67. Taxes and
fees, economic policy. 1.
The payment of taxes and fees shall be mandatory in the amount and in
accordance with the procedures established by law. Only the law shall
determine the structure and the procedures for introducing taxes and
fees, as well as their rates and the scope of those rates. Tax
exemptions shall only be permitted by law. Tax controls shall be
exercised only by the tax authorities defined by law. |
|
Article 85. Nobody can be exempted from the taxes of
the state if not sanctioned by law.
|
3. Exemption from state taxes and payments from the state treasury is permissible only by law.
|
3. Exemption from taxes shall be permitted only by law.
(version 15/10/2010)
4. A new type of common-state tax, except for excise tax, may be adopted or the upper limit of the current rate may be increased by a type of common-state tax only through a referendum, except for the cases provided for by organic law. Only the Government of Georgia shall have the right to initiate a referendum. (version 15/12/2010) 5. Introduction or change of a tax shall not be deemed an introduction of a new type of common-state tax or an increase in the marginal rate if the introduced or changed tax represents an alternative to the current tax or replaces the current tax and at the same time does not increase the tax burden. Furthermore, tax rate changes by the type of taxes within the current marginal rate shall not be deemed an introduction of a new type of common-state tax or an increase in the marginal rate. (version 15/12/2010)
|
||
Article 86. No sum for retiring pensions, compensations, or whatsoever expense be deducted from the treasury of the state except conforming to the law. | ||||
see also art. 93 sec. 7 |
2. The fundamental principles of economic policy with a view to ensuring long-term and sustainable economic growth shall be defined by organic law. Cases of violation of thresholds set by macroeconomic parameters and deviation from set thresholds in the case of urgent necessity, and measures to be taken for returning to the parameter thresholds, shall be defined by organic law. |
2. The fundamental principles of economic policy for ensuring long-term
and stable economic growth shall be defined by the organic law. In cases
of special necessity, the breaching of and deviation from the limits set
by macroeconomic parameters, as well as measures to be taken to return
to those parameters, shall be determined by the organic law.
|
||
Article 95. 1. The Georgian National Bank guarantees the appropriate functioning of a steady fiscal credit system in Georgia. 2. The Georgian National Bank carries out fiscal credit and currency
policies in accordance with the primary directions determined by
Parliament. |
Article 95. 1. The National Bank of Georgia shall conduct monetary policy to
ensure price stability, as well as shall maintain the stable operation
of the financial sector.
(version 15/10/2010)
2. canceled.
(version 15/10/2010) |
Article 68. National Bank. 1. The National Bank of Georgia shall carry out monetary policy to ensure price stability, and shall maintain the stable operation of the financial sector. The National Bank shall be the central bank of Georgia, the banker and fiscal agent of the Government. | Article 68. National Bank. 1. The National Bank of Georgia shall conduct monetary policy to ensure price stability and maintain the stable operation of the financial sector. The National Bank shall be the bank of banks, the banker and the fiscal agent of the Government. | |
see also art. 96. |
2. The Board of the National Bank shall be the supreme body of the
National Bank. Parliament shall, by a majority of the total number of
its members, elect the members of the Board of the National Bank for a
term of seven years on the recommendation of the President of Georgia.
The President of Georgia shall appoint the President of the National
Bank from among the members of the Board of the National Bank and may
dismiss him/her from office. |
2. The Board of the National Bank is the supreme body of the National
Bank of Georgia. Members of the Board of the National Bank shall be
elected by a majority of the total number of the Members of Parliament
for a term of 7 years upon nomination by the President of Georgia. The
President of Georgia shall appoint the President of the National Bank
from among the members of the Board of the National Bank and dismiss him/her
upon nomination by the Board of the National Bank. |
||
3. The National Bank supervises other banks and is the banker of the government of Georgia and its fiscal agent. 4. The National Bank is independent in its activities. The authority, procedures and guarantee of independence are determined by organic law. 5. The name and units of money are determined by law. Only the National Bank has the right to issue money. |
3. The National Bank shall be independent in its activities. Only administrative and capital expenditures of the National Bank shall be subject to oversight and control under Article 69 of the Constitution. The National Bank shall be accountable to Parliament and shall annually present to Parliament a report of its activities. 4. Only the National Bank shall have the right to the emission of
money. The name and unit of currency shall be defined by organic law.
|
3. The National Bank shall be independent in its activity. Only the administrative and capital expenditure of the National Bank shall be subject to supervision and control provided for by Article 69 of the Constitution. The National Bank shall be accountable to Parliament and shall annually submit an activity report to it. 4. Only the National Bank shall have the right to money emission. The
name and unit of currency shall be determined by the organic law. |
||
Article 96. 1. The highest body of the National Bank
is the Board of the National Bank, whose members are approved by
Parliament by the majority of the total number of deputies upon the
nomination of the President, for a period of seven years. The removal of
members of the Board is possible only by Parliament according to Article
64 of this Constitution. |
see also sec. 2. | |||
2. The President of the National Bank is appointed and relieved of
his duties by the President of Georgia, upon the nomination of the Board
of the National Bank.
3. The National Bank is responsible to the Parliament and annually submits a report of the Bank's activities.
|
2. The President of Georgia shall appoint the President of the
National Bank from among the members of the Council of the National Bank
and dismiss him/her from office.
3. The National Bank shall be accountable to Parliament and shall present to it a report of its activity annually.
|
|||
5. The powers and rules of operation shall be defined, and the independence of the National Bank shall be guaranteed, by organic law. |
5. The competences, procedure for the activity and guarantees for the
independence of the National Bank, shall be determined by the organic
law.
|
|||
Art. 90. |
Article 97. 1. Financial and economic oversight of state revenues and other expenditure of the state is carried out by the Chamber of Control of Georgia. It is authorised to check activity of other bodies of fiscal and economic activity and submits proposals to the President of Georgia on improving tax legislation. 2. The Chamber of Control is independent and is responsible to Parliament. The Chairman of the Chamber of Control is appointed by Parliament, upon the nomination of the President, for a term of five years. His removal is possible only by a decision of Parliament in accordance with Article 64 of this Constitution. 3. Twice a year while submitting the preliminary and final report on the fulfilment of the budget, the Chamber of Control submits a report to Parliament on government expenditures. Once a year it submits a report of its own activities.
|
Article 97. 1. The State Audit Office shall supervise the use and expenditure
of public funds and other material values. It shall also have the right
to examine the activities of other state bodies of fiscal and economic
control and to submit proposals for improving tax legislation to
Parliament. 2. The State Audit Office shall be independent in its activity. It shall be accountable to the Parliament of Georgia. The Parliament of Georgia shall elect the General Auditor of State Audit Office for a term of five years by a majority of the full list of MPs on the recommendation of the Chairperson of Parliament. The grounds and procedure for dismissal of General Auditor from office shall be determined by the Constitution and law. 3. The State Audit Office shall submit a report regarding the Government report to Parliament biannually while submitting the preliminary and final reports of budget execution, and it shall submit a report of its activity annually.
|
Article 69. State Audit Office. 1. The State Audit Office shall supervise the use and expenditure of budgetary funds to promote efficient public administration and accountability, as well as of other public resources. It shall also have the right to examine the activities of other public agencies responsible for financial and economic control and to submit proposals for improving tax legislation to Parliament. 2. The State Audit Office shall be headed by the Auditor General, who shall be elected for a term of five years by Parliament by a majority of the total number of its members, on the recommendation of the chairperson of Parliament. 3. The State Audit Office shall be independent in its activities. 4. The State Audit Office shall be accountable to Parliament. The State Audit Office shall biannually submit a report regarding the Government report to Parliament while submitting the preliminary and final reports of the execution of the budget, and it shall submit a report of its activities annually. 5. The State Audit Office shall ensure the control by Parliament of
the management of public funds. |
Article 69. State Audit Office. 1. The use and expenditure of budgetary funds and other public resources shall be supervised by the State Audit Office, with the purpose of facilitating the efficiency and accountability of public governance. It shall also be entitled to scrutinise the activities of other state bodies of fiscal and economic control and to submit proposals on improving tax legislation to Parliament. 2. The State Audit Office is led by the General Auditor, who shall be elected by a majority of the total number of the Members of Parliament for a term of 5 years upon nomination by the Chairperson of Parliament. 3. The State Audit Office shall be independent in its activity. 4. The State Audit Office shall be accountable to Parliament. Twice a year, together with the submission of preliminary and full reports on the execution of the State Budget, the State Audit Office shall submit to Parliament its conclusions on the Government report. Once a year, it shall submit to Parliament its own activity report. 5. The State Audit Office shall ensure the control of public funds by
Parliament. |
Article 91. The control of the State is performed as
follows: a) Rigorous execution of the budget of the state. b) All revenues and expenses of the state. c) The accounts and balance sheets of the different ministerial departments. d) The finances of the bodies of the local self-government.
|
||||
Article 92. The controller of the state is elected by parliament. He is not in the cabinet, but has all rights of a minister of state and is only responsible to parliament. He gives an account of his office every year. |
||||
Article 93. The organization of the control and the rules of its application are determined by law. |
4. The authority, organisation, activities and the guarantee of the
independence of the Chamber of Control are determined by law. |
4. The powers, structure, and rules of operation of the State Audit
Office shall be defined and its independence shall be guaranteed by law. |
6. The powers, structure and rules of operation of the State Audit
Office shall be determined, and the independence of the State Audit
Office shall be guaranteed, by organic law. |
6. The competences, structure, procedure for the activity and
guarantees for the independence of the State Audit Office shall be
determined by the organic law. |
5. Other bodies of state control are created according to law.
|
||||
Chapter IX.
|
Chapter 7 |
Chapter Eight |
||
Article 98. 1. Defensive war is a sovereign right of
Georgia. |
Article 70. Defence Forces. 1. Defensive war shall be a sovereign right of
Georgia. |
|||
2. Georgia has military forces for the defence of independence, sovereignty and territorial integrity of the country and for the fulfilment of international obligations. 3. The structure and composition of military forces is determined by law. The structure of the military forces is confirmed by the President and its size is confirmed by the Parliament by the majority of the total number of deputies upon the recommendation of the Council of National Defence. |
see also sec. 3 and 4. |
|||
Article 94. Every citizen is compelled to do
military service according to the law.
|
Art. 100.
Article 101. 1. The
defence of Georgia is the duty of every citizen.
2. The defence of the country and the fulfilment of military duties
is obligatory for every eligible citizen. The form of military duty is
determined by law. |
2. Defending Georgia shall be a duty of every citizen of Georgia. The
procedure for doing military service shall be defined by law. |
2. The defence of Georgia shall be every citizen’s duty. The
procedure for performing military service shall be determined by law.
|
|
Article 95. The
object of the military organization is to defend the republic and its
territory.
|
see also art. 98 sec.
2 and 3. |
3. Georgia shall maintain the Defence Forces to protect the independence, sovereignty and territorial integrity of the country, and to fulfil other tasks and international obligations related to defence and security in the cases provided for by the Constitution. 4. The types and composition of the Defence Forces shall be determined by law. Parliament shall approve the number of the Defence Forces by a majority of the total number of its members on the recommendation of the Government. 5. During martial law, the bodies responsible for the protection of national security and public safety may be united in the Defence Forces on the basis of a decree. 6. The Defence Forces shall act by order of the Minister of Defence in accordance with procedures established by law, and during a state of emergency or martial law, by order of the Prime Minister. |
3. For the defence of state independence, sovereignty and territorial integrity, as well as for the fulfilment of other tasks related to defence and security as provided for by the Constitution and international obligations, Georgia shall have Defence Forces. 4. The types and composition of the Defence Forces shall be defined by law. The quantity of the Defence Forces shall be approved by a majority of the total number of the Members of Parliament upon recommendation by the Government. 5. During martial law, the merging of bodies responsible for state and public security with the Defence Forces shall be permitted by a decree. 6. The Defence Forces shall act by the orders of the Minister of Defence in accordance with the procedures established by law and, during a state of emergency or martial law, by the orders of the Prime Minister. |
|
Article 96.
The duration of military service and the
organization of the forces is determined by law.
|
||||
Article 97. The effective force of the recruiting contingent is fixed every year by parliament. | ||||
Art. 61. Article 62. Decisions of Parliament on war and the cessation of hostilities, emergency situations and issues determined by Article 46 of the Constitution are adopted by the majority of the total number of the Parliament. |
Article 71. State of emergency and martial law. 1.
In the case of armed attacks, or the direct threat of an armed attack,
against Georgia, the President of Georgia shall declare martial law on
the recommendation of the Prime Minister, shall make peace under
appropriate conditions, and shall submit these decisions to Parliament
for approval. The decision on the declaration of martial law shall enter
into force from the moment when martial law is declared. Parliament
shall approve the decision upon meeting. If Parliament does not approve
the decision, it shall cease to have legal effect upon voting. |
Article 71. State of
emergency and martial law. 1.
In cases of armed attack, or a direct threat of armed attack on Georgia,
the President of Georgia shall, upon recommendation by the Prime
Minister, declare martial law, sign a truce (provided that the
appropriate conditions are in place), and shall immediately present
these decisions to Parliament for approval. The decision to declare
martial law shall enter into force upon its announcement. Parliament
approves the decision upon its assembly. If Parliament does not approve
the decision following a vote, it shall become null and void. |
||
2. In the cases of mass disorders, the violation of the territorial
integrity of the country, military coups and armed uprisings, terrorist
acts, natural or man-made disasters and epidemics, or in any other cases
when state bodies cannot exercise their constitutional powers in a
normal fashion, the President of Georgia shall declare a state of
emergency in the whole territory of the country or in certain parts
thereof on the recommendation of the Prime Minister, and shall
immediately submit the decision to Parliament for approval. The decision
shall enter into force from the moment when a state of emergency is
declared. Parliament shall approve the decision upon meeting. If
Parliament does not approve the decision, it shall cease to have legal
effect upon voting. Emergency powers shall apply only to the territory
where the state of emergency is declared. |
2. In cases of mass unrest, the violation of the country’s
territorial integrity, a military coup d’état, armed insurrection, a
terrorist act, natural or technogenic disasters or epidemics, or any
other situation in which state bodies lack the capacity to fulfil their
constitutional duties normally, the President of Georgia shall, upon
recommendation by the Prime Minister, declare a state of emergency
across the entire territory of the country or in any part of it, and
shall immediately present this decision to Parliament for approval. The
decision shall enter into force upon the announcement of the state of
emergency. Parliament approves the decision upon its assembly. If
Parliament does not approve the decision following a vote, it shall
become null and void. Emergency powers shall only apply to the territory
for which the state of emergency is declared. |
|||
3. The President of Georgia shall issue decrees having the force of
organic law during a state of emergency or martial law, which shall be
valid until the end of the state of emergency or martial law. A decree
related to the powers of the National Bank shall be issued with the
consent of the President of the National Bank. Such decrees shall enter
into force from the moment when they are issued. A decree shall
immediately be submitted to Parliament. Parliament shall approve the
decree upon meeting. If Parliament does not approve the decree, it shall
cease to have legal effect upon voting. |
3. During martial law or a state of emergency, the President of
Georgia shall, upon recommendation by the Prime Minister, issue decrees
that have the force of the organic law, and which shall be in force
until the martial law or the state of emergency has been revoked. A
decree related to the authority of the National Bank shall be issued
with the consent of the President of the National Bank. A decree shall
enter into force upon its issuance. A decree shall be submitted to
Parliament immediately. Parliament approves the decision upon its
assembly. If Parliament does not approve the decision following a vote,
it shall become null and void. |
|||
Art. 42. Article 43. In case of sedition within the country or in case of war, parliament has the right to suspend temporarily the constitutional guaranties contained in articles 19, 22, 225, 26, 27, 28, 29, 30, 32, 33, and 38; in case of war the guaranties contained in article 21 may also be suspended, provided the accused be not amenable to justice of a council of war in the military zone. When parliament is not in session the government has the right on its own responsibility to suspend the constitutional guaranties above mentioned. But in this case it is obliged to convoke parliament immediately and to submit its decision. |
Art. 45.
Article 46. 1. During a state of emergency or
martial law the President of Georgia is authorised to restrict the
exercise of rights and freedoms contained in Articles 18, 20, 21, 22,
24, 25, 30, 33 and 41 of the Constitution either in the whole country or
a part o f it. The President is obliged to submit a decision on a state
of emergency or martial law to Parliament for ratification within 48
hours. |
4. The President of Georgia shall have the right to restrict by decree the rights listed in Articles 13, 14, 15, 17, 18, 19, 21, and 26 of the Constitution either throughout the territory of Georgia or in any part thereof during a state of emergency or martial law. The President of Georgia shall have the right to suspend by decree Articles 13(2)-(6), 14(2), 15(2), 17(3), (5) and (6), 18(2), 19(3) of the Constitution either throughout the territory of Georgia or in any part thereof during a state of emergency or martial law. The President of Georgia shall immediately submit a decree under this paragraph to Parliament for approval. A decree restricting a right shall enter into force upon its promulgation, and a decree suspending a norm shall enter into force after it has been approved by Parliament. A decree restricting a right shall be approved in accordance with the procedure defined in the third paragraph of this article. 5. No general election shall be held during a state of emergency or
martial law. If a state of emergency has been introduced in a specific
part of the country, a decision for holding elections in the rest of the
country shall be made by Parliament. |
4. During a state of emergency or martial law, the President of
Georgia shall have the right to restrict by decree the rights listed in
Articles 13, 14, 15, 17, 18, 19, 21 and 26 of the Constitution across
the entire territory of Georgia or in any part of it. During a state of
emergency or martial law, the President of Georgia shall have the right
to suspend by decree Articles 13(2)-(6), 14(2), 15(2), 17(3), (5) and
(6), 18(2), 19(3) of the Constitution across the entire territory of
Georgia or in any part of it. The President of Georgia shall immediately
submit the decree provided for by this paragraph to Parliament for
approval. A decree on the restriction of a right shall enter into force
upon its issuance, whereas a decree on the suspension of a norm shall
enter into force upon approval by Parliament. A decree on the
restriction of a right shall be approved in accordance with the
procedure established by paragraph 3 of this article.
5. General elections shall not be held during a state of emergency or
martial law. If a state of emergency is declared in a certain part of
the country, a decision on whether to conduct elections in the rest of
the territory of the country shall be made by Parliament. |
|
2. If a state of emergency or martial law is introduced elections for the President, Parliament and other representative bodies of Georgia, can only be held once the state of emergency or martial law has been removed. |
2. If a state of emergency or martial law has been introduced
throughout the country, any presidential, parliamentary, or other
elections of representative bodies shall be held once the state of
emergency or martial law is rescinded. If the state of emergency has
been introduced in any part of the country, a decision for holding
elections in the rest of the country shall be made by the Parliament of
Georgia. (version 06/04/2004)
|
|||
6. The decision on the cancellation of a state of emergency or martial law shall be made in accordance with the procedure established for declaring and approving a state of emergency or martial law. 7. Parliament’s decision on issues under this article shall be made by a majority of the total number of members of Parliament.
|
6. A decision on revoking a state of emergency or martial law shall be adopted in accordance with the procedures established for declaring and approving a state of emergency or martial law. 7. Decisions by Parliament on issues provided for by this article shall be adopted by a majority of the total number of its members.
|
|||
Art. 99.
Article 100. 1. The use
of military forces during a state of emergency or for the fulfilment of
international obligations is prohibited without the agreement of
Parliament.
2. For the purpose of state defence, in special cases, or cases envisaged by law, the decision to permit the entrance in, use and movement of military forces of other countries on the territory of Georgia is made by the President. The decision is immediately submitted to Parliament for approval and it enters into force upon the consent of Parliament. |
Article 100.
(version 06/04/2004) 1. The President of Georgia shall make
a decision on activation of the Armed Forces and present the decision to
Parliament for approval within 48 hours after it is made. In addition,
the Armed Forces shall not be used for the fulfillment of international
obligations without the consent of the Parliament of Georgia.
2. The President of Georgia shall make a decision on the entry, use, and dislocation of the military forces of another state in the territory of Georgia in special cases and in the cases provided for by law for the purposes of state defence. The decision shall immediately be submitted to Parliament for approval and shall enter into force by consent of Parliament.
|
Article 72. Activation of the Defence Forces. 1. A decision on the activation of
the Defence Forces during martial law shall be made by the Prime
Minister and shall not require approval by Parliament.
2. A decision on the activation of the Defence Forces during a state of emergency shall be made by the President of Georgia on the recommendation of the Prime Minister and shall be immediately presented to Parliament for approval. The decision shall enter into force upon approval by Parliament. A decision on the activation of the Defence Forces during natural or man-made disasters and epidemics shall be made by the Prime Minister and shall not require approval by Parliament. Parliament shall have the right to make a decision to terminate the activation of the Defence Forces during natural and man-made disasters and epidemics. 3. A decision on the activation of the Defence Forces to fulfil international obligations shall be made by the President of Georgia on the recommendation of the Government and shall be immediately presented to Parliament for approval. The decision shall enter into force upon approval by Parliament. 4. A decision on the entry into, the use in, and the relocation within the territory of Georgia of the military forces of another state in special cases, and in cases provided for by law, for the purposes of state defence shall be made by the President of Georgia on the recommendation of the Government. The decision shall immediately be presented to Parliament for approval and shall enter into force upon approval by Parliament. 5. Parliament’s decision on issues under this article shall be made by a majority of the total number of members of Parliament.
|
Article 72. Use of the Defence Forces. 1.
Decisions on the use of the Defence Forces during martial law shall be
made by the Prime Minister and shall not require Parliament’s approval.
2. During a state of emergency, the President of Georgia shall take decisions on the use of the Defence Forces upon recommendation by the Prime Minister, and shall immediately submit the decisions to Parliament for approval. Decisions shall enter into force upon their approval by Parliament. During natural or technogenic disasters or epidemics, the Prime Minister shall take decisions on the use of the Defence Forces, and these decisions shall not require Parliament’s approval. During natural or technogenic disasters or epidemics, Parliament shall be authorised to take decisions on the termination of the use of the Defence Forces. 3. Upon recommendation by the Government, the President shall take decisions on the use of the Defence Forces in order to meet the country’s international obligations, and shall immediately submit such decisions to Parliament for approval. Decisions shall enter into force upon approval by Parliament. 4. For the purposes of state defence, in special cases, as well as in cases provided for by law, the President of Georgia shall, upon recommendation by the Government, take decisions about the entry, use and movement of military forces of another state in the country. Decisions shall be immediately submitted to Parliament for approval and shall enter into force upon approval by Parliament. 5. Decisions by Parliament on issues provided for by this article shall be made by a majority of the total number of its members.
|
|
Art. 98. Article 99. 1. The Council of National Defence is created for military construction and organisation of the defence of the country, which is headed by the President. 2. The composition, authority and procedures of the Council of National Defence is determined by organic law. Art. 100. |
Article 73. National Security Council. 1. The National Security Council, an advisory body, shall be set up during martial law, which shall be chaired by the President of Georgia. The permanent members of the National Security Council are: the President of Georgia, the Prime Minister, the chairperson of Parliament, the Defence Minister and the Chief of the Defence Forces. By decision of the President of Georgia, individual members of Parliament and the Government may be invited as members of the National Security Council. The National Security Council shall operate until the cancellation of martial law. 2. The powers and rules of operation of the National Security Council shall be defined by law. |
Article 73. National Defence Council. 1. During martial law, a consultative body – the National Defence Council – shall be created and shall be chaired by the President of Georgia. The National Defence Council shall be composed of the President of Georgia, the Prime Minister, the Chairperson of Parliament, the Minister of Defence and the Commander of the Defence Forces. By the decision of the President of Georgia, individual members of Parliament and of the Government may be invited to become members of the Council. The National Defence Council shall act until the martial law has been revoked. 2. The competences and procedure for the activity of the National Defence Council shall be determined by law. |
||
Art. 97. |
Art. 101.
|
Chapter Nine |
||
Art. 81-2.
Article 813. (version
15/10/2010)
1. Executive authority in the
administrative-territorial units of Georgia shall be represented by
State Trustees – Governors.
2. The powers of a State Trustee - Governor shall be defined by law. 3. The Government shall appoint and dismiss a State Trustee - Governor. |
||||
Article 98. The institutions of self-government
being at the same time local administrative bodies are charged with the
direction of economic and educational affairs within the limits of their
territory.
|
Chapter 7-1.
Article 1011.
(version 15/10/2010) 1.
The establishment procedure and activity of representative and executive
bodies of local self-government shall be defined by organic law.
Executive bodies of local self-government shall be accountable to
representative bodies of local self-government.
2. Citizens of Georgia registered within the self-governing unit area shall elect a local self-government representative body Sakrebulo by direct, universal, equal suffrage through secret ballot. 3. The procedure for establishment and revocation of a local self-governing unit, also the procedure for revising its administrative frontiers shall be determined by organic law. Consultations with a local self-governing unit shall precede the revocation of a self-governing unit or revision of its administrative frontiers.
|
Article 74. Local self-government bodies, boundaries, legal grounds. 1. The citizens of Georgia shall regulate affairs of local importance through local self-government representative and executive bodies. A representative body shall be elected on the basis of universal, equal and direct suffrage, by secret ballot, for a term of five years. Local self-government executive bodies shall execute the decisions of representative bodies and shall be accountable to them. 2. A self-governing unit shall be a legal entity under public law. Decisions on the establishment and abolition of a self-governing unit, or the changing of its boundaries, shall be made by Parliament in consultation with the respective self-governing unit and on the recommendation of the Government. 3. Local self-governance shall be exercised under procedures established by organic law. |
Article 74. Bodies, boundaries, legal basis of local self-government. 1. Citizens of Georgia shall regulate issues of local importance through representative and executive bodies of local self-government. Representative bodies shall be elected on the basis of universal, equal and direct suffrage by secret ballot. Executive bodies shall execute the decisions of the representative bodies and shall be accountable to them. 2. A self-governing unit is a legal entity under public law. Decisions on the creation, abolishment or changing the boundaries of a self-governing unit shall be taken by Parliament upon recommendation by the Government and in consultation with relevant self-governing units. 3. Local self-governance shall be carried out in accordance with the procedures established by the organic law. |
|
Article 99. The organizations of self-government,
its rights and duties as well as the manner of their administration are
fixed by law.
|
||||
Article 100. The
institutions of self-government have the right to make by-laws for
public administration conforming to the law.
|
||||
Article 101. The self-government is elected by
secret, proportional, equal, and universal suffrage.
|
||||
Article 102. The by-laws and orders of the
self-government can only be changed by legal manner.
|
Article 1012.
(version 15/10/2010) 1. Powers of local self-government
shall be delimited from those of state bodies. A self-governing unit
shall have its own and delegated powers. The powers and the basic
principles of how to define powers of local self-government shall be
determined by organic law.
2. A self-governing unit shall exercise its powers independently and by its own responsibility as determined by the legislation of Georgia. The powers defined by organic law shall be exclusive. 3. A self-governing unit shall have the right to take any decision on its own initiative, provided that the decision does not fall within the competence of any other government agency or is not prohibited by law. 4. State bodies may delegate rights and powers to a self-governing unit on the basis of legislative acts and agreements only by transfer of relevant material and financial resources. The Procedure for calculation of the amount of such resources shall be defined by law.
|
Article 75. Powers of self-governing units. 1. The powers of a local self-governing unit shall be delimited from those of state authorities. 2. A self-governing unit shall have the right to make decisions on its own initiative on any issue which does not fall within the exclusive authority of state authorities or the Autonomous Republics and the decision of which is not excluded by law from the authority of a self-governing unit. 3. A self-governing unit shall exercise its powers independently and by its own responsibility, within the scope of the legislation of Georgia. The powers defined by organic law shall be full and exclusive. 4. State authorities shall delegate powers to a self-governing unit on the basis of a legislative act or an agreement, and by transfer of relevant material and financial resources. 5. State authorities shall exercise legal supervision over the activities of self-governing bodies. The activities of self-governing units may be supervised in order to ensure the appropriateness of decisions only with respect to decisions made on the basis of delegated powers. State supervision shall be exercised in accordance with procedures established by organic law, in compliance with the principle of proportionality. |
Article 75. Powers of self-governing units. 1. The powers of the state authorities and the self-governing units shall be separated. 2. Self-governing units shall be authorised to take decisions, on their own initiative and in compliance with legislation, on all matters that do not fall within the exclusive powers of the State or of the autonomous republics, and which are not excluded from the powers of self-governing units by law. 3. A self-governing unit shall exercise its powers independently and be responsible for doing so within the ambit of the legislation of Georgia. A self-governing unit’s powers, as defined by the organic law, shall be full and exclusive. 4. The State shall delegate powers to a self-governing unit on the basis of a legislative act or agreement by transferring the appropriate material and financial resources. 5. The state authorities shall exercise legal supervision over the activities of a self-governing unit. To ensure that relevant decisions are made, the supervision of the activities of a self-governing unit shall be permissible only with respect to decisions made on the basis of delegated powers. State supervision shall be exercised in accordance with the procedures established by the organic law and in accordance with the principle of proportionality. |
|
Article 103. The central bodies of the government
have the right to suspend the by-laws and orders of self-government when
they are contrary to law, but such matters must immediately be brought
before a legal power. The manner and conditions of such suspensions are
determined by law.
|
||||
Article 104. The self-government depends on the
central bodies of government for the direction of its general
administration.
|
||||
Article 105. The cases where the resolutions of
self-government must be approved by Government are determined by law.
|
||||
Article 106. The institutions of self-government have their own budget according to a special law. |
Article 1013.
(version 15/10/2010) 1. Local self-government shall
have its property and finances.
2. Decisions made by self-government bodies within the scope of their competence shall be binding in the territory of self-governing units. 3. State supervision over the activities of local self-government bodies shall be carried out as determined by law. State supervision provides compliance of normative acts of local self-government with the legislation of Georgia and proper implementation of delegated powers. State supervision shall be exercised in proportion to its goals.
|
Article 76. Guarantees for local self-government. 1. A self-governing unit shall have its own property and finances. 2. A self-governing unit shall independently establish its organisational structure in accordance with organic law, and shall make decisions with regard to human resources in accordance with organic law and legislation governing public service. 3. A self-governing unit may cooperate with other self-governing units to exercise its powers, in accordance with procedures established by organic law. A self-governing unit may join associations of self-governing units in accordance with procedures established by organic law. 4. State authorities shall make decisions on issues related to local self-government in consultation with self-governing units. The procedure for holding consultations shall be defined by organic law. 5. Decisions made by self-government bodies within the scope of their authority shall be binding in the territory of the respective self-governing units. |
Article 76. Guarantees of local self-government. 1. A self-governing unit shall have its own property and finances. 2. A self-governing unit shall define its organisational arrangement independently and in accordance with the organic law, and shall take decisions on staff-related issues independently, in accordance with the organic law and legislation regulating civil service. 3. A self-governing unit shall be entitled to co-operate with other self-governing units to exercise its powers, in accordance with the procedures established by the organic law. A self-governing unit shall be entitled to join unions of self-governing units, in accordance with the procedures established by the organic law. 4. The state authorities shall take decisions on issues related to local self-government in consultation with self-governing units. The procedure for consultations shall be determined by the organic law. 5. Decisions made by the bodies of local self-government within the scope of their competence shall be binding in the territory of respective self-governing units. |
|
Art. 144.
|
Chapter Ten |
|||
Chapter 8 |
||||
Article 145. The
complete or partial revision of the constitution may be demanded: a) By at least one-half of the members of parliament. b) By a group of 50.000 electors.
|
Article 102. 1. Those allowed to submit a bill for
the general or partial revision of the Constitution are: 2. Any bill proposing a revision to the Constitution shall be submitted to Parliament, which promulgates it for general discussion. Discussion of the draft begins in Parliament one month after it has been promulgated.
|
Article 77. Procedure for revising the Constitution. 1. The Constitution may be
revised by a constitutional law, the draft of which shall be submitted
by more than half of the total number of members of Parliament or not
less than 200 000 voters.
2. A draft constitutional law shall be submitted to Parliament.
Parliament shall promulgate the draft constitutional law for open
discussion. Parliament shall start to consider the draft law within a
month after its promulgation. |
Article 77. Procedure for revising the Constitution. 1. The Constitution
shall be revised by a constitutional law. More than half of the total
number of the Members of Parliament, or no less than 200 000 voters,
shall be entitled to submit a draft constitutional law.
2. A draft constitutional law shall be submitted to Parliament, which
shall make the draft public for nation-wide public discussions.
Parliament shall begin deliberations on the draft law 1 month after its
publication. |
|
Article 146. A proposal for the revisal of the
constitution can only be heard in parliament six months after the
deposition of such proposal.
|
3. The bill to revise the Constitution is considered passed if
supported by at least two thirds of the total number of Members of
Parliament. |
3. A draft law revising the Constitution shall be deemed adopted
if it is supported by not less than three fourths of the total number of
MPs of Georgia at two successive sessions of the Parliament of Georgia
after an interval of at least three months.
(version 27/12/2011) |
3. A constitutional law shall be deemed adopted if it is supported by at least two thirds of the total number of members of Parliament. A constitutional law shall be submitted to the President of Georgia for signature within 10 days after the first hearing by the successive Parliament and approval without changes by at least two thirds of the total number of its members. 4. A constitutional law shall be submitted to the President of Georgia for signature within the time frame established by Article 46 of the Constitution if it is supported by at least three quarters of the total number of members of Parliament. 5. A constitutional law which is related to the restoration of
territorial integrity shall be adopted by a majority of the total number
of members of Parliament and shall be submitted to the President of
Georgia for signature within the time frame established by Article 46 of
the Constitution. |
3. A
constitutional law shall be considered adopted if it is supported by at
least two thirds of the total number of the Members of Parliament. The
constitutional law shall be submitted to the President of Georgia for
signature within 10 days following its approval, in one hearing, without
amendments by at least two thirds of the total number of the members of
the next Parliament. 4. If supported by at least three fourths of the total number of the Members of Parliament, the constitutional law shall be submitted to the President of Georgia for signature within the time frame established by Article 46 of the Constitution. 5. A constitutional law related to the restoration of territorial
integrity shall be adopted by a majority of at least two thirds of the
total number of the Members of Parliament and shall be submitted to the
President of Georgia for signature within the time frame established by
Article 46 of the Constitution. |
Article 147. A proposal or plan for the partial or
entire revisal of the constitution can only be adopted by a majority of
two-thirds of the members of parliament. This proposal only comes into
force after it has received the approval of the people.
|
4. The law on the revision of the Constitution is signed and published by the President of Georgia under the rules envisaged in Article 68 of the Constitution.
|
6. The President of Georgia shall sign and promulgate the
constitutional law under the procedure established by Article 46 of the
Constitution. |
6. The President of Georgia shall sign and promulgate a constitutional
law in accordance with the procedures established by Article 46 of the
Constitution. |
|
Article 103. The
announcement of a state of emergency or martial law stops the process of
the revision of the Constitution until the end of the state of emergency
or martial law.
|
7. If a state of emergency or martial law is declared, the
consideration of a draft constitutional law shall be suspended until the
state of emergency or martial law has been cancelled.
|
7. In case
of the declaration of a state of emergency or martial law, deliberations
on a draft constitutional law shall be suspended until the state of
emergency or martial law has been revoked.
|
||
Article 148. The alternation of the form of
Government of the democratic Republic of Georgia can not be made the
object of the proposal of a revisal of the constitution.
|
||||
|
Chapter 9 |
Chapter Eleven |
Chapter Eleven |
|
Article 78. European and Euro-Atlantic Integration. The constitutional bodies shall take all measures within the scope of their authority to ensure the full integration of Georgia in the European Union and the North Atlantic Treaty Organisation. |
Article 78. Integration into European and Euro-Atlantic structures. The constitutional bodies shall take all measures within the scope of their authority to ensure the full integration of Georgia in the European Union and the North Atlantic Treaty Organisation. |
|||
Article 149. Until the meeting of parliament of the constituent assembly will act in its place. |
Article 104. 1. The Constitution of Georgia enters into force from the day of the recognition of the authority of the newly elected President and Parliament of Georgia. 2. Articles 49, 50 and 70 of the Constitution enter into force immediately after the promulgation of the Constitution.
|
|||
Article 1041.
(version 06/02/2004) 1. Article 49(1) and Article 58(1)
of the Constitution shall enter into force as soon as appropriate
amendments and addenda are made to the organic law Election Code of
Georgia.
2. The composition of the Parliament of Georgia elected in 2004, before termination of its office, and the number of the members of the Parliament required for the establishment of a faction shall be determined by laws acting at the time of parliamentary elections. 3. Regular elections of the Parliament of Georgia for 2008 shall take place in May. The President of Georgia shall schedule the date of elections not later than 60 days before elections. (version 11/03/2008).
|
||||
Article 1042.
(version 24/09/2009) Powers of a member of the Parliament of Georgia shall be restored for
the MPs who were elected on 21 May 2008 through a majoritarian system
but their term of office was terminated early by Resolution of
Parliament in accordance with Article 54(2)(a) of the Constitution of
Georgia, provided that the powers of their substitutes have not been
acknowledged and if they give their consent prior to 1 January 2010.
|
||||
Article 1043.
(version 12/02/2010) 1. Unscheduled elections of
self-government bodies shall be held not later than 1 June 2010.
2. Elections for Tbilisi Mayor shall be held by fair, universal, equal, and direct suffrage through secret ballot within the term defined in the first paragraph of this Article. 3. The President of Georgia shall schedule the date for the election set forth in the second paragraph of this Article not later than 60 days before the election. 4. The Parliament of Georgia shall ensure the compliance of other legislative acts of Georgia with this Article within one month upon enactment hereof.
|
||||
Article 1044.
(version 22/05/2013) 1. Individuals of appropriate age
as well as citizens of Georgia shall have the right to participate and
cast votes in the parliamentary and presidential elections held prior to
1 January 2014 if they were born in Georgia and have been living in
Georgia for the last five years, and if they are the citizens of a
member state of the European Union at the time of enactment of this
Article.
2. Limitations set forth in Article 29(11) of the Constitution shall not apply to the case laid down in the first paragraph of this Article.
|
||||
Article 105. 1. The right to participate in the elections of 1995, belongs to political unions of citizens registered by rules determined by law, whose initiative is confirmed by 50 000 signatories, or which had a representative in the Parliament on the day this Constitution was adopted. 2. Proportional elections are held under a single party list. 3. A political union or electoral bloc has the right to submit to the majoritarian electoral district a candidate who is also on a party list for the elections held under the proportional system. 4. In majoritarian electoral districts the candidate who receives the most votes, but not less than one third of the participants in the balloting is elected the Member of Parliament. 5. If none of the candidates receives the required number of votes in the first round, a second round will be held between the two candidates having the best results. 6. This Article enters into force immediately after the promulgation of this Constitution and functions before the authorities of the newly elected Parliament are recognised. |
||||
Art. 8.
Article 9. The laws and decrees passed previous to
the constitution shall remain in force if they are not in contradiction
to the constitution and its principles.
|
Article 106. 1. After the Constitution enters into force, only those laws or parts of them which are not in contradiction to this Constitution have legal force. 2. Two years after the Constitution comes into force, the President and Parliament guarantee the official registration of normative acts adopted before the Constitution came into force and their consistency with the Constitution and laws. 3. Two years after the Constitution enters into force the Parliament of Georgia must adopt organic laws envisaged by the Constitution, or confirm the legality of normative acts which exist in those areas.
|
|||
Article 10. The present Constitution remains in force permanently and uninterruptedly, except in cases provided for in the Constitution itself. | ||||
Article 107. 1. Before the adoption of organic laws of legal force, current legislation remains valid according to the Constitution. 2. Article 18 clauses 1 and 2 enter into force after the adoption of the appropriate legislative acts of criminal procedure. 3. The organic law on the Constitutional Court is to be adopted before February 1st, 1996.
|
||||
Article 108. An
exception to Article 102.2 making changes or additions connected with
the complete restoration of jurisdiction over the whole territory of
Georgia is possible without promulgating the bill on the revision of the
Constitution for general public consideration.
|
||||
Art. 10. Article 11. After the adoption of the Constitution the Constituent Assembly shall publish it with the signatures of its members. |
Article 109. 1. The Head of State signs and promulgates the Constitution adopted by the appropriate procedures. 2. Members of the current Georgian Parliament and the Constitutional commission sign the text of the Constitution. After the Constitution enters into force, for at least one year, the text of the Constitution must be displayed openly in the buildings of every local body of Georgia, in order that everyone may be allowed to know its contents.
|
|||
Article 2., law 23/10/2017. ....
|
||||
Head of
State of Georgia Eduard Schewardnadse Tbilissi, August 24. 1995 No. 786-RS
|
Head of
State of Georgia Giorgi Margwelaschwili Kutaissi, Octobre 13, 2017 No. 1324-RS |
Head of
State of Georgia Giorgi Margwelaschwili Kutaissi, March 23, 2018 No. 2071-RS |
||
Quellen:
|
Quellen:
|
Quellen:
|
Quellen:
|
|
Eine demokratische Verfassung, die ohne
eigenständigen Präsidenten der Republik auskommt. Die Exekutive war
ähnlich wie in der Schweiz einem kollektiven Exekutivrat übertragen, der
allerdings (entgegen der Schweiz) durch einen vom Parlament gewählten
Präsidenten präsidiert wurde, der auch die übrigen Minister ernannte.
Eine radikaldemokratische Verfassung mit
starkem Parlament, welchem die Regierung voll und ganz untergeordnet
war. |
Eine demokratische Verfassung mit vielen
Umbrüchen, je nachdem, welche Partei gerade regiert hat. Zuerst eine Präsidialverfassung, die zuerst ganz ohne parlamentarisch verantwortliche Regierung war, dann eine parlamentarisch verantwortliche Regierung mit starkem Präsidenten, mit vielen exekutiven Vollmachten, bis zu einer fast reinen parlamentarisch verantwortlichen Regierung. Um den Bruch mit der konstitutionellen Präsidentenherrschaft deutlich zu machen, wurde 2017 eine Totalrevision vorgenommen, die zwar formal weiterhin "die Verfassung von 1995" blieb, aber letztlich eine neue Verfassung (von 2017) war. |
Die vorstehende Totalrevision der Verfassung
von 1995 wurde vom Europarat in verschiedenen Punkten kritisiert, so
dass sich die Parteien in Georgien genötigt sahen, die kritisierten
Teile zu revidieren. Insbesondere betroffen waren: - das Wahlrecht. - der Schutz der Grundrechte. - die Unabhängigkeit der Richter. |
Eine demokratische Verfassung, die zwar
entgegen der Verfassung von 1921 ein eigenständiges Präsidentenamt
beibehält und dem Präsidenten auch formal einige exekutive Vollmachten
lies, aber allein schon durch die indirekte Wahl schwächte und faktisch
eine nur dem Parlament verantwortliche Regierung einsetzt. |