Chapter III
Initiation of the constitutional legal proceedings and admission of cases for the consideration

Article 15
1. Lodging a constitutional claim or a constitutional submission with the Constitutional Court shall be the ground for initiation of a case before the Constitutional Court.
11 Adoption of a decision by the Plenum or a Board of the Constitutional Court at the sitting on prelimnary issues about admission of a case for the consideration of the merits shall be deemed to be the admission of a constitutional claim or a constitutional submission by the Constitutional Court for the consideration of the merits. (12.02.02 №1270 )
2. On the issues provided for in subparagraphs "h" and "j" of the first paragraph and paragraph 2 of Article 19, as well as on the issues provided for by subparagraph "f" of the first paragraph of the same Article of the Organic Law of Georgia on the Constitutional Court of Georgia (in case provided for in paragraph 2 of Article 38 of the Organic Law of Georgia on the Constitutional Court of Georgia,) constitutional submission shall be lodged and on the other issues – constitutional claim (25.11.04 №600)

Article 16
1. A constitutional claim shall be signed by the claimants (if the President of Georgia or a group of the members of the Parliament of Georgia are the claimants, their signatures shall be certified in accordance with the procedure prescribed by subparagraph “b” of the first paragraph of Article 12 of the present Law and it shall bear a reference to:
a) the name of the Constitutional Court;
b) the name and addresses of the claimant and respondent;
c) the title of the impugned act and the body, which adopted/enacted it and the date of its adoption/enactment;
d) the provisions of the Constitution of Georgia, which in the claimant’s opinion, the impugned act is not in conformity with or which are violated by the latter or in violation of which the adoption/enactment, signature, promulgation or enforcement of a legislative act of Georgia or a resolution of the Parliament of Georgia is effected.
e) the evidences, which in the claimant’s opinion, corroborate the constitutional claim;
f) the gist of the claim;
g) the provisions of the Constitution of Georgia, the Organic Law of Georgia “On the Constitutional Court of Georgia” and the present Law, which entitle the claimant on lodging a constitutional claim;
h) a list of the documents attached to the constitutional claim as well as a list and addresses of the persons who should be summoned before the Constitutional Court in the claimant’s opinion;

I) A Written demand on consideration of a case without oral hearing, if a claimant requests the consideration of a case without oral hearing. (29.12.2006 N4216)

2. The following shall be attached to a claim defined in the first paragraph of the present Article:
a) the text of the impugned normative act;
b) a document certifying the authorization of a claimant’s representatives and defenders of interests, and indicating their addresses;
c) a document issued by a bank institution certifying payment of the state duty.
d) Electronic version of a constitutional claim. (29.12.2006 N4216)

3. A constitutional submission, lodged on the issues defined in subparagraphs “f” and “h” of the first paragraph of Article 19 of the Organic Law of Georgia on the Constitutional Court of Georgia, shall be signed by the authors of the submission (if a group of the members of the Parliament of Georgia is the author of the submission, their signatures shall be certified in accordance with the procedure prescribed by subparagraph “b” of the first paragraph of Article 12 of the present Law) and it shall bear a reference to:
a) the name of the Constitutional Court;
b) the name and addresses of the authors of the submission;
c) the title of the impugned international treaty or agreement, the name of the official having signed it, the date of the signature, where the submission concerns the issue provided for by subparagraph “f” of the first paragraph of Article 19 of the Organic Law on the Constitutional Court of Georgia, or the name of the official if the submission concerns the issue provided for by subparagraph “h” of the same paragraph;
d) the provisions of the Constitution of Georgia which, in the opinion of the authors of the submission, the impugned international treaty or agreement is not in conformity with or are violated by the latter or which in their opinion are violated by an official, referred to in subparagraph “h” of the first paragraph of Article 19 of the Organic Law on the Constitutional Court of Georgia;
e) the evidences which, in the opinion of the authors of the constitutional submission, proves the validity of the constitutional submission;
f) the gist of the claim;
g) the provisions of the Constitution of Georgia, the Organic Law on the Constitutional Court of Georgia and the present Law, which entitle the authors of the submission on lodging the constitutional submission;
h) a list of the documents attached to the constitutional submission and a list of the persons and their addresses who should be summoned by the Constitutional Court in the opinion of authors of the submission.
4. The following shall be attached to the constitutional submission, provided for by the third paragraph of the present Article:
a) the text of the impugned international treaty or agreement, if the submission concerns the issue provided for by subparagraph “f” of the first paragraph of Article 19 of the Organic Law on the Constitutional Court of Georgia;
b) a document, certifying authorization of representatives of the authors of the constitutional submission, including the reference to their addresses;
c) a document issued by a bank certifying the payment of the state duty.
d) Electronic version of a constitutional submission. (added on 29.12.2006 N4216)

4¹. Constitutional claim lodged on the issues provided for by subparagraph "i" of the first paragraph of Article 19 of the Organic Law of Georgia on the Constitutional Court of Georgia shall be undersigned by the claimant (if the claimant is the group of the parliament members, their signatures shall be certified by the rule provided for in subparagraph "b" of the first paragraph of Article 12 of this law) and shall be indicated:
a) the name of the Constitutional Court;
b) the name and address of the claimant and respondent;
c) the title of the impugned act and the body, which adopted/enacted it and the date of its adoption/enactment;
d) the provisions of the Constitutional Law of Georgia on the Status of the Autonomous Republic of Ajara, which in the claimant's opinion impugned act violates or is not in conformity with;
e) the evidences, which in the claimant's opinion, corroborate the constitutional claim;
f) the gist of the claim;
g) the provisions of the Constitution of Georgia, the Organic Law of Georgia on the Constitutional Court of Georgia and the present law, which entitles the claimant on lodging a constitutional claim;
h) a list of documents attached to the constitutional claim as well as a list and addresses of the persons who should be summoned before the Constitutional Court in the claimant's opinion; (added on 25.11.05).

4¹.i) A Written demand on consideration of a case without oral hearing, if a claimant requests the consideration of a case without oral hearing. (29.12.2006 N4216)

4². The following shall be attached to a claim defined in paragraph 41 of the present Article:
a) the text of the impugned normative act;
b) a document certifying the authorization of a claimant's representatives and defenders of interests, and indicating their addresses;
c) a document issued by a bank institution certifying payment of the state duty. (25.11.04 №600).

d) Electronic version of a constitutionl claim. (29.12.2006 N4216)

4. In a constitutional submission, lodged on the issues provided for by subparagraph "j" of the first paragraph of Article 19 of the Organic Law of Georgia on the Constitutional Court of Georgia

shall be indicated:

a) the name of the Constitutional Court;
b) the name and address of the author of the constitutional submission;
c) the title of the impugned act and the body, which adopted/enacted it and the date of its adoption/enactment;
d) the provisions of the Constitution, Constitutional Law of Georgia “On the Status of the Autonomous Republic of Ajara”, Constitutional Agreement, international treaties and agreements or with the Laws of Georgia which in the opinion of the author of the constitutional submission impugned act violates or is not in conformity with;
e) the evidences, which in the opinion of the author of the constitutional submission, corroborate the constitutional submission;
f) the gist of the claim;
g) the provisions of the Constitution of Georgia, the Organic Law of Georgia "On the Constitutional Court of Georgia" and the present law, which entitles the author of the constitutional submission on lodging a constitutional submission;
h) a list of documents attached to the constitutional claim as well as a list and addresses of the persons who should be summoned before the Constitutional Court in the claimant's opinion; (25.11.04 №600).
4. The following shall be attached to a claim defined in paragraph 4 of the present Article:
a) a) resolution stipulated in the first paragraph of Article 42² of the Organic Law of Georgia on the Constitutional Court of Georgia;
b) the text of the impugned normative act;
c) a document certifying the authorization of a claimant's representatives, and indicating their addresses;
d) a document issued by a bank institution certifying payment of the state duty. (25.11.04 №600).
e) Electronic version of a constitutional submission. (29.12.2006 N4216)

5. A constitutional submission filed by a court of general jurisdiction shall be signed by the judge considering the case individually or the members of the collegial composition considering the case and it shall bear a reference to:
a) the name of the Constitutional Court;
b) the names and addresses of the court and judge/members of the collegial composition, having lodged the constitutional submission;
c) the title of the normative act, constitutionality of which is questioned by the court of general jurisdiction; the name of the body, having adopted/enacted the act and the date of adoption/enactment of the latter; if the act is an international treaty or agreement, name of the person, having signed it and the date of signature;
d) the provisions of the Constitution of Georgia which, in the opinion of the applicant court, the normative act is not in conformity with or are violated;
e) the evidences, which in the opinion of the applicant court, prove the validity of the constitutional submission;
f) the provisions of the Constitution of Georgia, the Organic Law of Georgia on the Constitutional Court of Georgia and the present Law, which entitle the applicant court on lodging a constitutional submission;
g) a list of the documents attached to the constitutional submission.
6. The following shall be attached to the constitutional submission, provided for by the fifth paragraph of the present Article:
a) the text of the normative act, constitutionality of which is questioned by the court of general jurisdiction;
b) an act of the court of general jurisdiction about the suspension of the consideration of the case.
c)  Electronic version of a constitutional submission. (29.12.2006 N4216)

7. A constitutional claim, a constitutional submission and attached documents thereto shall be set out in Georgian. (12.02.02 №1270)

Article 17
1. An authorized employee of the Constitutional Court shall register a constitutional claim or a constitutional submission lodged with the Constitutional Court, after having examined the formal (and not substantive) aspects of the case materials. If an inessential formal inaccuracy is revealed, a constitutional claim or a constitutional submission shall be registered with the consent of the Secretary to the Constitutional Court and the claimant, author of the constitutional submission or their representatives shall be given fifteen days to redeem the inaccuracy. If within of  this term inaccuracy was not corrected, a registration of a claim and a submission shall be invalidated. In case of the refusal to register, the claimant, author of the constitutional submission or their representatives shall be entitled to apply to the Secretary of the Constitutional Court, the latter being authorized to reach a final decision. (29.12.2006 N4216)

2. The registered constitutional claim or constitutional submission shall immediately be referred to the President of the Constitutional Court, by whom, having a regard to the requirements laid down in paragraphs 1-4 of Article 21 of the Organic Law on the Constitutional Court of Georgia, within three days, the case falling under the jurisdiction of a Board shall be referred to a Board with the view of deciding about the admissibility of the case for the consideration of the merits, and where the case falls under the jurisdiction of the Plenum, the President of the Constitutional Court shall designate a judge rapporteur for the sitting on preliminary issues and refer to him/her the case-file within the same time-limit. While referring cases to the Boards, the principle of equal allocation of cases shall be adhered.
3. Upon the reception of the case, the President of the Board shall appoint a judge rapporteur among the members of the Board for the sitting on preliminary issues and pass on to him/her the case.
4. The Plenum/a Board of the Constitutional Court shall be authorised to decide without oral hearing on admissibility of a constitutional claim or a constitutional submission for the consideration on the merits. If a recording notice is delivered on the consideration of a case with oral hearing, the sitting on the preliminary issues shall be held. The date of the sitting on the preliminary issues of the Plenum shall be scheduled by the President of the Constitutional Court, whereas that of the Board shall be scheduled by the President of the respective Board. (27.06.2008 №79 )

5. The admission of a constitutional claim or a constitutional submission for the consideration of the merits shall be set out in a recording notice of the Plenum or a Board of the Constitutional Court, whereas the Plenum/a Board shall deliver a reasoned ruling on the refusal to admit the case for the consideration of the merits.
5. In cases provided for in paragraph 41 of Article 25 of the Organic Law of Georgia on the Constitutional Court of Georgia the Constitutional Court shall deliver a reasoned ruling. ( 25.11.04 №600 ).
6. A judge rapporteur, while studying a constitutional claim or a constitutional submission shall ascertain, whether there is a ground provided for by Article 18 of the present Law for non-admissibility for the consideration of the merits of the constitutional claim or submission or any issues raised therein and shall clarify the issues related to the case with the parties to the proceedings, or authors of the constitutional submission and/or their representatives if need be, on this basis of which he/she shall prepare a draft recording notice or a draft ruling. The draft, along with the case-file, shall be referred to the President of the Plenum or the respective Board, who shall ensure passing them on to the members of the Plenum or the Board at least two days before the  sitting on prelimnary issues. If any of the members of either Board disagrees with the draft to be submitted, to the  sitting on preliminary issues, he/she shall be authorized to present an alternative draft.
61. In cases provided for in paragraph 41 of Article 25 of the Organic Law of Georgia on the Constitutional Court of Georgia a judge rapporteur shall ascertain, weather there is a ground for the recognition of impugned act or its part as invalid. Shall clarify the issues related to the case with the parties to the proceedings, or authors of the constitutional submission and/or their representatives if need be, on the basis of which he/she shall prepare a draft ruling for the sitting on preliminary issues. ( 25.11.05 №600).
7. If a constitutional claim or constitutional submission is admitted for the consideration of merits, within three days from the adoption of the decision by the sitting on preliminary issues the Constitutional Court shall send the notice concerning the addition of the case for the consideration of merits and documents of the case to the respondent, or in cases provided for in subparagraph "h" of the first paragraph of Article 19 of the Organic Law of Georgia on the Constitutional Court of Georgia to the official, constitutionality of whose action is referred to in the submission. (25.11.05 №600).
8. The consideration of a case, falling under the jurisdiction of the Plenum of the Constitutional Court, shall commence earlier then the case to be considered by the Board of the Constitutional Court. The Constitutional Court shall give the priority to the issues provided for by subparagraphs "d", "g", "h" "i" and "j" subparagraph "f" (in the cases defined in the second paragraph of Article 38 of the same law) of the first paragraph and by the second paragraph of Article 19 of the Organic Law of Georgia on the Constitutional Court of Georgia. (25.11.04 №600).

Article 18
A constitutional claim or a constitutional submission shall not be admitted for the consideration if:
a. either by its form or its contents, it does not conform with the requirements, laid down in Article 16 of the present Law;
b. it is not lodged by an authorized individual or body (subject);
c. none of the impugned issues referred to in it is under the jurisdiction of the Constitutional Court;
d. all the issues referred to in it, have already been adjudicated upon by the Constitutional Court, except the circumstances provided for in article 21¹ of the Organic Law of  Georgia on the Constitutional Court of  Georgia. (29.12.2006 N4216)

e). none of the impugned issues referred to in it, is governed by the Constitution of Georgia.
f) the time-limit allowed for its introduction has been missed without a good reason.

Article 19

Inadmissibility of a constitutional claim or a constitutional submission for the consideration due to the grounds stipulated in subparagraphs “c”-”f“ of Article 18 of the present Law, shall exclude admission of a repeated constitutional claim or a constitutional submission on the same subject and the same grounds, except the circumstances provided for by subparagraph „d“ of article 18 of  the present law. (29.12.2006 N4216)

Article 20
1. The Constitutional Court shall notify in advance a claimant or an author of the constitutional submission or their representatives of the date of holding an sitting on prelimnary issues.
2. The Plenum/a Board of the Constitutional Court shall be authorized and, on the basis of the written request of the claimant, author of the constitutional submission or their representatives, shall be obliged to invite the claimant, author of the constitutional submission, their representatives and the defenders of their interests to the sitting on preliminary issues and hear their explanations with regard to the issues, provided for by Article 18 of the present Law.(12.02.02 №1270)

3. The Plenum/a Board of the Constitutional Court is authorized to invite a respondent, his/her representative, defender of his/her interests to the sitting on preliminary issues and hear their explanations. (25.11.04 №600).
4. The Plenum/a Board of the Constitutional Court in cases provided for in paragraph 4¹ of Article 25 of the Organic Law of Georgia on the Constitutional Court of Georgia is authorized and, on the basis of written request of the parties, authors of the submission or their representatives , is obliged to invite the claimant, author of the constitutional submission, respondent, their representatives, the defenders of their interests to the sitting on preliminary issues and hear their explanations. (25.11.04 №600).
5. The present Article shall not be applied to the consideration of a case without oral hearing. In such case a copy of the rulling or a recording notice of the Constitutional court shall be sent to the parties  within  2  days from its receiving. (29.12.2006 N4216)

Article 21
1. The minutes on the admission of a constitutional claim or a constitutional submission for the consideration of the merits shall include:
a) the name and composition of the Constitutional Court considering the case;
b) the date and venue, where the minutes are passed;
c) the participants to the consideration of the case and the subject of the dispute;
d) the issue in respect of which the minutes are passed;
e) the provisions of the Constitution of Georgia, the Organic Law of Georgia on the Constitutional Court of Georgia and the present Law on the basis of which the Plenum or a Board of the Constitutional Court admitted the constitutional claim or the constitutional submission for the consideration of the merits;
f) statement on the admission of the constitutional claim or constitutional submission for the consideration of the merits;
g) a provisional date of starting the consideration of the case.
h) in cases  provided for in article 27¹ of  the Organic Law of  Georgia on the  Constitutional court of Georgia,  indication on consideration of a case without oral hearing. (29.12.2006 N4216)

2. A ruling on non-admissibility of a constitutional claim or a constitutional submission for the consideration of the merits shall include:
a) the name and composition of the Constitutional Court considering the case;
b) the date and venue, where the ruling is made;
c) the participants to the case and the subject of the dispute;
d) the issue, on which the ruling is passed;
e) the provisions of the Constitution of Georgia, the Organic Law of Georgia on the Constitutional Court of Georgia and the present Law on the basis of which the Plenum or a Board of the Constitutional Court did not admit the constitutional claim or constitutional submission for the consideration of the merits;
f) statement on non-admissibility of the constitutional claim or constitutional submission for the consideration of the merits.
(12.11.02 №1270)

3. In cases provided for  by paragraph 4¹ of  Article 25 of the Organic Law of Georgia on the Constitutional Court of Georgia  a ruling on invalidation of the impugned act shall include:

a) the name and composition of the Constitutional Court considering the case;

b)the date and venue, where the ruling is made;

c)the participants to the case and the subject of the dispute;

d)the issues on which the ruling is passed;

e)the provisions of the Organic Law of Georgia on the Constitutional Court of Georgia and the present Law on basis of which the Plenum or a Board of the Constitutional court did not admit a constitutional claim or constitutional submission for the consideration on the merits  and recognised invalid the impunged act;

f)statement on non-admissibility of a constitutional claim or constitutional submission for the consideration on the merits;

g)statement on invalidation of the impugned act; (added on 25.11.2004. N600

4. On the issues provided for by Article 21¹ of the Organic Law of Georgia on the Constitutional Court of Georgia a recording notice shall include:

   a) the name and composition of the Constitutional Court considering the case;

 b) the date and venue, where the recording notice is passed

c) the participants to the case and the subject of the dispute;

d) the issues on which the recording notice is passed;

e) the provisions of the Organic Law of Georgia on the Constitutional Court of Georgia  and the present Law on the basis of which a Board of the Constitutional Court is authorised to refer the case to the Plenum;

 f) statement on reference of a constitutional claim or constitutional submission to the Plenum;

 g) a provisional date of commencement of the consideration of the case; (29.12.2006 N 4216)

Article 22

1. The Constitutional Court shall decide about the admissibility of a constitutional claim or a constitutional submission for the consideration on the merits, as well as issues provided for by paragraph 4¹ of Articles 21¹ and 25 of the Organic Law of Georgia on the Constitutional Court of Georgia in a deliberation room by open vote. (29.12.2006 N 4216)

2. A draft recording notice/ruling shall be presented to the Plenum/a Board of the Constitutional Court by the judge rapporteur. In case there is an alternative draft recording notice/ruling, vote is due to be held in respect of each act.
3. The President of the sitting shall deliver the recording notice/ruling of the Constitutional Court in the courtroom. (12.02.02 №1270)

Article 23
The minutes of the sitting on preliminary issues of the Constitutional Court shall be made in accordance with the procedure prescribed by Article 34 of the present Law.