Chapter II
Composition and structure of the Constitutional Court

Article 5

The Constitutional Court shall consist of nine judges – the members of the Constitutional Court among which the President of the Constitutional Court, two Vice-Presidents of the Constitutional Court and the Secretary to the Constitutional Court shall be elected.

Article 6

1. Three members of the Constitutional Court shall be appointed by the President of Georgia, three members shall be elected by the Parliament of Georgia by not less than three fifths of the number of the members of the Parliament on the current nominal list, three members shall be appointed by the Supreme Court of Georgia.
2. While designating a member of the Constitutional Court, the prior written consent of the candidate shall be necessary.

Article 7

1. 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.(23.O6.2006 N3399)

2. 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 shall take into account the professional experience of a candidate, which shall be appropriate for the high status of a member of the Constitutional Court. (12.02.02. №1264)

Article 7¹

The President of Georgia shall appoint three members of the Constitutional Court with due regard to the requirements of Article 7 of the present Law. The President of Georgia shall issue an ordinance on appointment of the members of the Constitutional Court. (21.03.96. N155 )

Article 7²

1. The Parliament of Georgia shall elect three members of the Constitutional Court with due regard to the requirements of Article 7 of the present Law.

2. The following shall have the right to nominate candidates eligible to the office of a member of the Constitutional Court: the President of the Parliament, a parliamentary faction and a group of not less than ten members of the Parliament that is not affiliated with any faction.
3. At the session of the Parliament before the vote, the President of the Parliament shall acquaint all those present on the list of candidates and their written consents as to be elected a member of the Constitutional Court. A separate ballot shall be held in respect of each candidate. The ballot shall be secret.
4. A candidate to the office of a member of the Constitutional Court may be nominated only twice.
5. As a result of the ballot, as candidate shall be deemed elected, who obtained the most votes but not less than three fifths of the number of the members of the Parliament on the current nominal list.
6. If three candidates are participating in the election and all of them failed to obtain a sufficient number of votes, the President of the Parliament, a parliamentary faction and a group of not less than ten members of the Parliament shall be authorized to nominate the same candidate for approval by the Parliament after ten days from the first vote.
7. If the first vote is held on the last day of the parliamentary session or the election of a candidate is impossible within the remaining period of the session, a new vote shall be held at the first sitting of the next session of the Parliament.
8. If more than three candidates are participating in the election and the necessary number of judges is not chosen, a new vote shall be held. In this case, only the issue of three candidates that received the most votes in the first round, shall be put to the vote. (12.02.02 №1264)

Article 7³

1. Three members of the Constitutional Court of Georgia shall be appointed by the Supreme Court of Georgia with due regard to the requirements of Article 7 of the present Law.
2. The President of the Supreme Court of Georgia shall nominate candidates to the office of a member of the Constitutional Court at a sitting of the Plenum of the Supreme Court. Three candidates who obtain two thirds of the votes of the members present at the sitting of the Plenum shall be deemed to be appointed as a result of the vote. (12.02.02 №1264)

Article 8

The term of office of a member of the Constitutional Court shall be 10 years. A person who has previously held this position cannot be a member of the Constitutional Court.

Article 9

1. Before taking the office of a member of the Constitutional Court shall take the following oath in the presence of the President of Georgia, the President of the Parliament of Georgia and the President of the Supreme Court of Georgia: “I swear before the God and the Nation to carry out faithfully the duties of a member of the Constitutional Court of Georgia and while carrying out it to be subject only to the Constitution of Georgia, to nobody and nothing, save the Constitution of Georgia”.
2. The term of office of a member of the Constitutional Court shall commence from the day of his/her taking the oath.

Article 10

1. After taking the oath by every member of the Constitutional Court, or not later than 10 days after the pre-term termination of the office of the President of the Constitutional Court, a sitting of the Constitutional Court shall be held to elect the President of the Constitutional Court for a five-year term. Two Vice-Presidents of the Constitutional Court shall be elected by the same procedure and for the same term.
2. A new President or a Vice-President of the Constitutional Court shall be elected not earlier than within a month and not later than within a week before the expiry of the term of office of the previous President or a Vice-President of the Constitutional Court.
3. The nomination of a candidate to the office of the President of the Constitutional Court shall be effected by an agreed proposal of the President of Georgia, the President of the Parliament of Georgia and the President of the Supreme Court of Georgia.
4. A candidate to the office of a Vice-President of the Constitutional Court shall be nominated by the President of the Constitutional Court.
5. The President and the Vice-Presidents of the Constitutional Court shall be deemed to be elected, if supported by not less than five members of the Constitutional Court in a secret ballot.
6. A person who has previously held this position, cannot be the President or a Vice-President of the Constitutional Court.
7. The office of the President or the Vice-President of the Constitutional Court shall be pre-term terminated due to the grounds enumerated in Article 16 of the present Law. ( 12.02.02 №1264)

Article 11

1. The Constitutional Court shall consist of the Plenum and two Boards.
2. The composition of the Plenum shall include all nine members of the Constitutional Court. Its sittings shall be presided over by the President of the Constitutional Court.
3. The composition of each Board shall include four members of the Constitutional Court. Sittings of the Boards shall be presided over by the Vice-Presidents of the Constitutional Court.
4. The composition of the Boards shall be approved by the Plenum upon the submission of the President of the Constitutional Court. The members of the Constitutional Court designated by the President of Georgia, by the Parliament of Georgia and the Supreme Court of Georgia shall be represented on the Boards as equally as possible.
5. The composition of the Boards shall be renewed within 10 days after the election of the new President of the Constitutional Court.

6. The composition of the Boards might also be renewed within a month from the change of two or more members of the Constitutional Court. If two members of the Board cannot participate in the consideration of a case, the Plenum of the constitutional court is authorized to temporarily assign to this Board one of the members from the second Board (except the President of the Board) to consider that case, who shall not be appointed as a rapporteur judge. ( 29.12.2006 №4215)

Article 12

1. The President of the Constitutional Court shall:
a. submit the Rules of the Constitutional Court and the By-law of the Staff to the Plenum for approval. A member of the Constitutional Court shall have the right to request for moving changes and addenda to the Rules of the Constitutional Court and to the by-law of the Staff; ( 12.02.02 №1264)
b. allocate cases in accordance with the procedure prescribed by the Rules of the Constitutional Court;
c. submit to the Plenum the candidates to the offices of a Vice-President of the Constitutional Court and the Secretary to the Constitutional Court;
d. convene the Plenum in accordance with the procedure prescribed by the Rules of the Constitutional Court, preside over its sittings, sign a judgment, a ruling, a conclusion, a recording notice and the minutes of the sitting adopted by the Plenum; ( 12.02.02 №1264)
e. maintain the general guidance over the functioning of the Staff of the Constitutional Court; appoint and dismiss the Staff members in accordance with the legislation; ( 12.02.02 №1264)
f. dispose of the budgetary assignations of the Constitutional Court;
g. discharge other authorities provided for by the legislation and the Rules of the Constitutional Court.
2. The President of the Constitutional Court shall submit annually to the President of Georgia, the Parliament of Georgia and the Supreme Court of Georgia the information on the constitutional legality in Georgia.

Article 13

1. A Vice-President of the Constitutional Court shall preside over the sittings of a Board, perform particular functions of the President under the instructions of the President of the Constitutional Court. In case of absence of the President of the Constitutional Court or his/her inability to perform functions, one of the Vice-Presidents shall act on the President’s behalf under the instructions of the latter and where there is no such instruction, the duties shall be performed by the eldest Vice-President.
2. If the Vice-President of the Constitutional Court, temporarily performing the duties of the President, is unable to discharge his/her functions then this shall be left to the eldest member of the relevant Board.

Article 14

1. The Secretary to the Constitutional Court shall be elected by the Plenum among the members of the Constitutional Court for a term of five years.
2. Apart from the authority of a member of the Constitutional Court the Secretary to the Constitutional Court shall:
a. be in charge of the preparatory measures of the sittings of the Plenum and Boards;
b. organize the maintenance and lay out of the minutes of the sittings of the Plenum and Boards;
c. sign the acts of the Constitutional Court in accordance with the procedure prescribed by the Rules of the Constitutional Court;
d. take measures with the view of enforcing judgments of the Constitutional Court and shall monthly report to the Plenum on their enforcement. (12.02.02 №1264)
e. further the development of a system for the computer processing the necessary information;
f. organize dispatch of the formal documentation of the Constitutional Court.

Article 15

1. A member of the Constitutional Court shall enjoy the personal immunity. A member of the Constitutional Court shall not be proceeded, arrested or detained, nor shall his/her apartment, car, workplace or his/her person be subject to search without the consent of the Constitutional Court, except when he/she is caught flagrante delicto, which shall immediately be notified to the Constitutional Court. Unless the Constitutional Court gives its consent, an arrested or detained member of the Constitutional Court shall immediately be released.
2. In case the Constitutional Court gives its consent to the criminal proceeding of the member of the Constitutional Court or to his/her arrest or detention, the authority of the member of the Constitutional Court shall be suspended until a final judgment is adopted by the court; if the judgment of “not guilty” is reached or the case against the member is stopped on the basis of rehabilitation, the authority of the member of the Constitutional Court shall be restored from the day, on which the final judgment is reached.
3. The decision provided for by the first paragraph of the present Article, shall be deemed adopted, if it is supported by more than half of the participants to the sitting of the Plenum.(12.02.02 №1264)

Article 16

1. The office of a member of the Constitutional Court shall be pre-term terminated if:
a) he/she is unable to discharge his/her official duties for six consecutive months, or he/she fails to discharge his/her official duties for three months in a year without a good reason;
b) he/she has occupied a post incompatible with the status of a member of the Constitutional Court or engages in the activity prohibited by Article 17 of the present Law;
c) he/she has violated the requirement laid down in Article 48 of the present Law;
d) he/she has committed an act incompatible with a status of a judge;
e) he/she lost the citizenship of Georgia;
f) a court has recognized him/her as legally incapable;
g) a final judgment of conviction is rendered by a court against him/her;
h) he/she has died, or a court recognized him/her to be missing or declared to be dead;
i) he/she resigned from the post.
2. In the cases, provided for by subparagraphs “a-d” of the first paragraph of the present Article, the office of a member of the Constitutional Court shall be pre-term terminated by a resolution of the Plenum of the Constitutional Court, which shall be deemed adopted, if it is supported by more than half of the composition of the Constitutional Court. In the cases, provided for by subparagraphs “e-i”, the Plenum of the Constitutional Court, in accordance with the procedure laid down in the Rules of the Constitutional Court, shall examine the documents submitted to it and if the facts contained therein are confirmed to be true, the pre-term termination of the office of a member of the Constitutional Court shall be set out in a decree of the President of the Constitutional Court.
3. A resolution of the Plenum as well as the decree of the President of the Constitutional Court on the pre-term termination of the office of a member of the Constitutional Court shall be immediately communicated to the President of Georgia, the Parliament of Georgia and the Supreme Court of Georgia.
4. Not later than 20 days from the pre-term termination of the office of a member of the Constitutional Court, a new member of the Constitutional Court shall be designated. If the office of a member of the Constitutional Court elected by the Parliament is pre-term terminated in the non-session period of the Parliament of Georgia, a new member of the Constitutional Court shall be designated within two weeks from starting a new parliamentary session.
5. A new member of the Constitutional Court shall be designated not earlier than one month and not later than 10 days before the expiry of the term of office of a member of the Constitutional Court.
(12.02.02 №1264 )

Article 17

The office of a member of the Constitutional Court shall be incompatible with any other post and remunerable activity, with the exception of scientific and pedagogical activity. A member of the Constitutional Court shall not be a member of a political party or engage in political activity. A member of the Constitutional Court shall resign from other post and/or cease the activity prohibited by the present Article from the day, on which he/she took the oath. (12.02.02 №1264)

Article 18

If the term of office of a member of the Constitutional Court expires at the time when he/she participates in the consideration of a case, his/her term of office shall be prolonged until the final adjudication upon the case. (12.02.02 №1264)