Chapter IV
Consideration of and adjudication upon the merits of the case

Article 24
1. The Plenum of the Constitutional Court shall consider the merits of the case at a sitting of the Plenum, which shall be presided over by the President or the acting President of the Constitutional Court.
2. The Plenum shall be authorized to consider and adjudicate upon the merits of the case, if the sitting is attended by not less than six members.
3. A Board of the Constitutional Court shall consider the merits of the case at a sitting of the Board, which shall be presided over by the President or the acting President of the Board.
4. A Board shall be authorized to consider and adjudicate upon the merits of the case, if its sitting is attended by at least three members.

Article 25
1. Before starting the consideration of the merits of the case the President of the sitting shall:
a. open the sitting of the Constitutional Court of Georgia and announce the case, the merits thereof is due to be considered;
b. verify the quorum of judges and the presence of the secretary to the sitting being responsible for holding the sitting;
c. verify the authorization of the parties;
d. enquire on the presence of the participants, witnesses, experts and specialists, participating in the legal proceedings and the reasons of their absence;
e. announce the composition of the Constitutional Court, considering the case and the secretary to the sitting;
f. explain to the participants to the proceedings their rights and duties under the Organic Law of Georgia on the Constitutional Court of Georgia  and the present Law; (12.02.02 №1270)
g. enquire on whether the participants to the proceedings request additional witnesses, experts and specialists to be summoned or whether additional evidence is required. The Court shall decide about the petitions filed on these issues by a majority of votes in the courtroom;
h. announce starting of the consideration of the merits of the case.
2. A party shall have the right to claim before the Constitutional Court, considering the case, the recusation of a member of the Constitutional Court, expert, specialist or interpreter participating in the consideration of the case if:
a. the member of the Constitutional Court, expert, specialist or interpreter is a close relative either of a party or its representative;
b. the member of the Constitutional Court, expert, specialist or interpreter is directly or indirectly interested in the outcomes of the case, or if there are other circumstances which raise doubt as to the impartiality of the member of the Constitutional Court.
3. A member of the Constitutional Court, expert, specialist or interpreter shall be authorized to withdraw from the participation in the consideration of a case, where the grounds defined in the second paragraph of the present Article exist. (12.02.02 №1270)
4. The Constitutional Court shall decide the issue of a recusation in accordance with the procedure prescribed by procedural legislation (12.02.02 №1270)

Article 26
1. The consideration of the merits of a case shall begin with the delivery of a report on the case by the judge rapporteur, a member of the Constitutional Court. The rapporteur shall be obliged to:
a) report on the grounds for the initiation of the consideration of the case and the consideration of the merits before the Constitutional Court, as well as the contents of the materials being on the case-file; (12.02.02 №1270)
b) answer the questions of the members of the Constitutional Court, participating in the consideration of the case. (12.02.02 №1270)
2. After having heard the report, the Constitutional Court shall hear the claimant’s explanations first and then those of the respondent. A member of the Constitutional Court participating in the consideration of the case shall be authorized to put questions to the parties and their representatives.
3. After having heard the parties, the Constitutional Court shall hear the testimonies of the witnesses, experts and specialists make open to public the written evidences being on the case-file and adduced by the participants to the consideration of the case. The President of the sitting shall establish identity of the experts and specialists before they testify and shall warn them in writing on the responsibility, provided for by law for the refusal to testify and for premeditated false testimony or forged conclusion. The President shall also warn the interpreter of the responsibility determined for a deliberate wrong interpretation.
4. A member of the Constitutional Court, participating in the consideration of the case, shall be entitled to put questions to the witnesses, experts and specialists.
5. The President of the sitting shall be authorized to discard the questions put to the parties, witnesses, experts and specialists upon the petition of the parties and by the consent of the majority of the members of the Constitutional Court, participating in the consideration of the case.

Article 27
Taking measures against those violating order at the Court sitting as well as holding liable for premeditated submission of false information and for the refusal to testify or for the premeditated adduction of false testimony, shall be effected in accordance with the procedure established by the Criminal Code of Georgia and procedural legislation.

Article 28
After having examined all the evidences being on the case-file, the Constitutional Court shall hear the concluding submissions of the participants to the case. The claimant or his/her representative and lawyer shall make their concluding submissions first. After having heard the concluding submissions, the judges shall retire to the deliberation room, about which the President of the sitting shall notify the participants to the case and other persons, present at the courtroom.

Article 29
1. After a judgment or a conclusion of the Constitutional Court is signed by the members of the Constitutional Court participating in the consideration of the case, the President of the sitting shall deliver the judgment or conclusion in the courtroom.
2. A judgment or a conclusion of the Constitutional Court shall be delivered in the name of Georgia.

3.When a case is considered without oral hearing, a ruling, a recording notice, a judgement or a conclusion shall not be pronounced in the courtroom. (29.12.2006 N 4216)

4. The Constitutional court is authorised to pronounce publicly only resolutive part of a judgement or a conclusion. In such case  a whole text of a judgement or a conclusion shall be sent  to the parties on their request.  (29.12.2006 N 4216)

Article 30
A judgment or a conclusion of the Constitutional Court shall be reasoned. The Constitutional Court shall base its judgment or a conclusion only upon the evidence, which has been examined at the sitting of the Constitutional Court  or  submitted to the constitutional court in case of the consideration of a case without oral hearing. (29.12.2006 N 4216)

Article 31
A judgment and a conclusion of the Constitutional Court shall be composed of the introductory, descriptive, motivational and resolutive parts.

Article 32
1. The introductory part of a judgment or a conclusion of the Constitutional Court shall bear a reference to:
a. name of the Constitutional Court;
b. date and venue of the adoption of the judgment or conclusion;
c. composition of the Court and the secretary to the sitting;
d. participants to the case and the subject of the dispute.
2. The descriptive part shall bear a reference to:
a) the request raised by the author of the constitutional claim or constitutional submission; (12.02.02 №1270)
b) the position taken by the respondent. (12.02.02 №1270)
3. The motivational part shall bear a reference to:
a. circumstances established by the Constitutional Court;
b. evidences, on which the conclusions of the Constitutional Court are founded;
c. the grounds, on which the Constitutional Court rejects the observations, evidence;
d. the rules (provisions) of the Constitution of Georgia on the cases provided for by subparagraph "i" of the first paragraph of Article 19 of the Organic Law of Georgia on the Constitutional Court of Georgia - the rules (provisions) of the Constitutional Law of Georgia on the Status of the Autonomous Republic of Ajara, and the cases provided for by subparagraph "j" of the first paragraph of Article 19 of the same law - the rules (provisions) of the Constitution of Georgia, Constitutional Law of Georgia on the Status of the Autonomous Republic of Ajara, Constitutional Agreement, international treaties and agreements and the Laws of Georgia, which the impugned act is or is not in conformity with. (25.11.2004 №600)
e. the rules of the Constitution of Georgia, the Organic Law of Georgia on the Constitutional Court of Georgia and the present Law, invoked by the Constitutional Court while adopting the judgment or conclusion. (12.02.02 №1270)
4. The resolutive part shall bear a reference to:
a) the finding of the Constitutional court on upholding fully or partially the constitutional claim or rejecting it;
b) the finding of the Constitutional Court on unconstitutionality or constitutionality of the normative act or the part thereof questioned in the constitutional submission of the court of general jurisdiction;
b1) the finding of the Constitutional Court on conformity or inconformity of the normative acts or the part with respect to the Constitution of Georgia, Constitutional Law of Georgia on the Status of the Autonomous Republic of Ajara, Constitutional Agreement, international treaties and agreements and the Laws of Georgia. (25.11.04. №600).
c) the finding of the Constitutional Court on unconstitutionality or constitutionality of the international treaty or agreement or the part thereof questioned in the constitutional submission;
d) the conclusion of the Constitutional Court on constitutionality of the act of the public official, provided for by the constitutional submission;
e) the legal effects of the judgment or conclusion..
(12.02.02 №1270)

Article 33
1. A judgment of the Constitutional Court of Georgia shall take effect from the moment of its public pronouncement at the sitting and shall be promulgated in “Saqartvelos Sakanonmdeblo Matsne” within fifteen days. A judgement of the Constitutional Court  in case of  adjucation  without oral hearing shall be promulgated within fifteen days in „Saqartvelos Sakanonmdeblo Matsne“ after the signature by the members of the Constitutional Court and shall be enforced from the moment of  its  promulgation. (29.12.2006 №4216)

2. A copy of the judgment shall be sent to the parties and a copy of a concussion shall be to the authors of the constitutional submission and to the relevant officials referred to in subparagraph "h" of the first paragraph of Article 19 of the Organic Law of Georgia on the Constitutional Court of Georgia. A copy of the judgment on the issues provided for in subparagraph "j" of the first paragraph of Article 19 of the Organic Law of Georgia on the Constitutional Court of Georgia shall be sent to the author of the constitutional submission and supreme council of the Autonomous Republic of Ajara; (25.11.2004 №600).
3. The copis of judgments and conclusions shall be sent to the President of Georgia, the Government of Georgia, the Parliament of Georgia and the Supreme Court of Georgia, as well as the copies of the rulings in cases provided for by paragraph 4 of Article 25 of the Organic Law of Georgia on the Constitutional Court of Georgia. (25.11.2004. N600)

Article 34
1. The minutes of the sitting of the Constitutional Court shall be kept by the secretary to the sitting of the Constitutional Court considering the case.
2. The minutes of the Court’s sitting shall bear a reference to:
a) the date and venue of the court sitting;
b) the date of the opening and closing of the court sitting;
c) the name of the Constitutional Court, the judges participating in the consideration of the case as well as the judges failing to do so due to certain reason;
d) the secretary to the sitting;
e) the title of the case;
f) notes about the participants to the consideration of the case, witnesses, experts, specialists and interpreters, as well as concerning the explanation given to them on account of their rights and duties;
g) the orders of the President and the resolutions passed by the Constitutional Court in the courtroom;
h) the submissions and explanations of the participants to the consideration of the case;
i) the testimonies of the witnesses, experts and specialists, the evidences set out in writing and made open to public by the Constitutional Court.
(12. 02.02 №1270 )
3. The minutes of the Constitutional Court shall be signed by the President of and the secretary to the sitting.

Article 35
1. The procedures related to the organization of the Constitutional court shall be determined by the Rules of the Constitutional court. (29.12.2006 N 4216)

2. (29.12.2006 N 4216)

3. The Rules of the Constitutional Court shall be deemed to be approved, if not less than six members of the Constitutional Court supported them by open vote.

President of Georgia E. Shevardnadze

Tbilisi,
21 March 1996