Constitutional Court of Georgia Announced its Decision

On 28 June 2010 the Plenum of the Constitutional Court of Georgia adjudicated upon the case "Public Defender of Georgia v. Parliament of Georgia". The subject of dispute was the norm of the Organic Law of Georgia on the Constitutional Court of Georgia according to which citizens of foreign states non-residents of Georgia and stateless persons as well as foreign legal entities were not entitled to apply to the Constitutional Court to protect their constitutional rights.

The claimant, Public Defender of Georgia, claims that the restriction contradicts the right of the person enshrined in the article 42 of the Constitution of Georgia to apply to the court regardless his/her citizenship. 

According to the respondent, representative of the Parliament of Georgia, the above-mentioned right must be granted only to the citizens of Georgia. Upholding the constitutional claim shall result in annulling of the impugned norm. Granting the citizens of foreign states the right to apply to the Constitutional Court enable them to influence the legislation of Georgia. At the same time, in respondent's opinion, article 89 of the Constitution of Georgia grants the right to apply to the Constitutional Court only to the citizens of Georgia.

Proceeding form the significance of the constitutional claim the case was decided by the Plenum.

As a result of analysing the corresponding norms of the Constitution the Constitutional Court resolved that Chapter Two of the Constitution clearly defines the basic rights the subjects of which can be the citizens of Georgia (the electoral right) and the rights the subjects of which can be any person regardless of his/her citizenship (right of property, inheritance, personal inviolabiliy and other constitutional rights)

At the same time, according to the article 42 of the Constitution of Georgia in case of violation or possible violation of his/her rights everyone, citizens of Georgia as well as citizens of foreign states and stateless persons, has the right to apply to the Constitutional Court.

The Constitutional Court ruled that since the state is bound by Basic Rights and Freedoms of Individual, state auhorities are to exercise these rights wholly and adequately within the limits set by the Constitution. This is the main aim and constitutional obligation of the state and its three branches. Accordingly, the competence of any of the state bodies shall not limit, change the contents of the given right since the aim of the division of competences between the state bodies  is to provide complete protection of the constitutional rights of  an individual. That is why the norms determining the competence of the Constitutional Court shall not limit the circle of persons who can apply to the court to protect their constitutional rights and in this respect shall not change the scope of right of fair trial and other fundamental rights.

Proceeding from the above-mentioned, the Constitutional Court upheld the constitutional claim "Public Defender of Georgia v. the Parliament of Georgia" and announced the impugned norms of law as unconstitutional and invalid. As a result any person (citizens of foreign states, stateless persons, regardless of their place of residence) as well as foreign legal entities, in case of violation of the rights defined by the Constitution shall have the right to apply to the Constitutional Court to protect their rights.