FAQ

Who is entitled to apply to the Constitutional Court of Georgia?

Those entitled to lodge a constitutional claim or a constitutional submission with the Constitutional Court are: President of Georgia, Government of Georgia, not less than one fifth of MPs, common courts, supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara, self-government representative bodies - Sakrebulos, the High Council of Justice, the Public Defender, a citizen of Georgia as well as other individuals and legal entities.

What type of disputes fall under the jurisdiction of the Constitutional Court of Georgia?

Following disputes fall under the jurisdiction of the Constitutional Court:

a) constitutionality of a Constitutional Agreement, a 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;

b) disputes on competence between the state bodies;

c) constitutionality of formation and activity of political unions of citizens;

d) 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 those regulations;

e) constitutionality of international treaties and agreements;

f) constitutionality of normative acts, on the basis of an individual claim, with respect to fundamental human rights and freedoms enshrined in Chapter Two of the Constitution;

g) disputes on violations of the Constitutional Law of Georgia on the Status of the Autonomous Republic of Ajara;

h) constitutionality of normative acts, on the basis of a claim brought by a self-government representative body – Sakrebulo, with respect to the Chapter Seven of the Constitution;

i) compatibility of normative acts, on the basis of a submission by the High Council of Georgia, with Articles 82, 84, 86, 86¹, 87 and 90 of the Constitution;

j) Constitutional Court also exercises other powers defined by the Constitution and the organic law of Georgia on Constitutional Court of Georgia.

Under what circumstances are citizens of Georgia and other individuals and legal entities entitled to apply to the Constitutional Court?

Citizens of Georgia and other individuals and legal entities are entitled to apply to the Constitutional Court if they believe that their rights and freedoms recognized by Chapter Two of the Constitution of Georgia are infringed or may be directly infringed upon in future by the law or other normative acts.

How to apply to the Constitutional Court?

Constitutional claim has to be brought in accordance with the special form approved by the Constitutional Court. It has to be signed by the claimant (claimants).

Which documents are required to be attached to a constitutional claim?

The following documents are required to be attached to a constitutional claim:

a) text of the impugned normative act;

b) a document certifying the authorization, as well as indicating the addresses, of a claimant’s representatives and defenders of their interests;

c) a document issued by a bank institution certifying payment of the state tax;

d) electronic version of a constitutional claim.

In what time period does the Constitutional Court decide on admissibility of a constitutional claim?

The admissibility of a constitutional claim shall be decided in four months from the moment of registration of a constitutional claim. Under exceptional circumstances, the President of the Constitutional Court may prolong the time-limit by no longer than one month.

In what time period does the Constitutional Court consider a constitutional claim on merits?

The consideration of the merits of a constitutional claim shall not exceed nine months from the moment of registration of a constitutional claim. Under exceptional circumstances, the President of the Constitutional Court may prolong the time-limit by no longer than 2 months.

In what time period does the Constitutional Court render final judgment?

The legislation does not define time-limit for the Constitutional Court to render final judgment.

Is it necessary to pay any state tax in order to lodge a constitutional claim?

Yes, state taxes shall be imposed on constitutional claims/submissions by the following amount:

a) Constitutional claim lodged by the natural person - 10 GEL;

b) Constitutional claim or submission lodged by other persons - 55 GEL;

The Constitutional Court is not authorized to exempt anybody from paying the state taxes, increase or decrease its amount.

State tax can be paid in any bank on the following treasury code:

 302 003 161, 302 003 150

Where may judgments and/or other legal acts of the Constitutional Court be appealed?

A judgement as well as other legal acts of the Constitutional Court are final and and shall not be subject to appeal or revision.

How the case is adjudicated by the Constitutional Court?

The admissibility of a case is normally considered without oral hearing. The Constitutional Court is authorized to consider a case with oral hearing, if clarification of circumstances related to the adoption of a case for consideration on merits is impossible otherwise.

Merits of a case are normally considered with oral hearing. The Constitutional Court is authorized to consider the merits of a case without oral hearing on the basis of a written request of a claimant or a respondent.

What are the stages of oral hearing for consideration of a case on merits?

The consideration of a case on merits begins with the delivery of a report on the case by the judge rapporteur. The judge rapporteur is obliged to report on the grounds for the initiation and the consideration of the case on merits before the Constitutional Court, as well as the contents of the materials being on the case-file.

After having heard the report, the Constitutional Court hears claimant’s explanations first and then those of the respondent. A member of the Constitutional Court participating in the consideration of the case is authorized to put questions to the parties and their representatives.

After having heard the parties, the Constitutional Court hears the testimonies of the witnesses, experts and specialists, and makes open to public the written evidences being on the case-file and those presented by the participants in the consideration of the case.

After having examined all the evidence being on the case-file, the Constitutional Court hears concluding submissions of the parties. The claimant or his/her representative and lawyer make their concluding submissions first. After having heard concluding submissions, judges retire to the deliberation room, about which the President of the sitting notifies the parties and other persons present at the courtroom

Who are the participants in the constitutional legal proceedings?

Participants in the constitutional legal proceedings are a claimant and a respondent.

At any stage of the proceedings, the parties have the right to entrust the protection of their interests to a lawyer or other person having a higher legal education. Also, at any stage of the proceedings, the parties shave the right to entrust their authorization to their proxy - a representative.

Representatives of the parties are proxies, to whom the parties to the proceedings have entrusted their authorization in accordance with the procedure prescribed by law. It is obligatory to appoint a representative before the Constitutional Court, if the number of claimants or those having lodged a constitutional submission, is more than two, or a peron lodging a constitutional claim/submission is in penitentiary institution. The authorization of a representative shall be certified by a notary or in accordance with the procedure established in the respective institution;

Defenders of the parties' interests are lawyers, who are entitled to perform activities of the lawyer in accordance with the legislation, or other persons having a high level of legal education who participate in the legal proceedings together with the parties or their representatives. The parties as well as their representatives are be entitled to appoint them.

How are the members of the Constitutional Court appointed?

Three members of the Constitutional Court are appointed by the President of Georgia, three members are elected by the Parliament of Georgia, three members are appointed by the Supreme Court of Georgia. The term of office of a member of the Constitutional Court is 10 years. A person who has previously held this position cannot be a member of the Constitutional Court.

Who may become a member of the Constitutional Court?

A member of the Constitutional Court may be a citizen of Georgia who has reached the age of 30 and has a high legal education. When deciding on the members of the Constitutional Court of Georgia, the President of Georgia, the Parliament of Georgia and the Supreme Court of Georgia take into account professional experience of a candidate, which shall be appropriate for the high status of a member of the Constitutional Court. 

Who may submit her/his opinion before the Constitutional Court on the pending cases? (Amicus Curia)

Any natural or legal person may submit her/his written opinion to the Constitutional Court on a particular pending case. The opinion must be filled in in accordance with the special form approved by the Constitutional Court. The Constitutional Court may reflect the submitted opinion in its judgment.