Chapter III
Authority of the Constitutional Court

Article 19

1. On the basis of a constitutional claim or a constitutional submission, the Constitutional Court shall be authorized to consider and adjudicate upon:
a. conformity with the Constitution of Georgia of a constitutional agreement, laws of Georgia, normative resolutions of the Parliament of Georgia, normative acts of the President of Georgia, the Government of Georgia and those of the higher state bodies of the Autonomous Republics of Abkhazia and Ajara as well as conformity of adoption/enactment, signing, promulgation and entry into force of legislative acts of Georgia and resolutions of the Parliament of Georgia with the Constitution of Georgia. (25.11.04 №599)
b. dispute on competence between state bodies.
c. constitutionality of formation and activity of political associations of citizens;
d. dispute on constitutionality of referendum or election;
e. constitutionality of the normative acts adopted in terms of Chapter Two of the Constitution of Georgia;
f. constitutionality of international treaties and agreements;
g. recognition or pre-term termination of the authority of a member of the Parliament of Georgia;
h. violation of the Constitution of Georgia by the President of Georgia, the President of the Supreme Court of Georgia, a member of the Government of Georgia, the President of the Chamber of Control of Georgia and the members of the Council of the National Bank of Georgia.(01.11.2008 №475)
i. dispute on violation of the constitutional law of Georgia on the Status of the Autonomous Republic of Ajara; ( 25.11.04 №599 )
j. conformity of normative acts of the Supreme Council of the Autonomous Republic of Ajara with the Constitution of Georgia, the constitutional law of Georgia on the Status of the Autonomous Republic of Ajara, the constitutional agreement, international treaties and agreements of Georgia; and laws of Georgia. (25.11.04 №599).
2. if, while considering a particular case, a court of general jurisdiction concludes, that there is a sufficient ground to deem the law or other normative act, applicable by the court while adjudicating upon the case, fully or partially incompatible with the Constitution, the court shall suspend the consideration of the case and apply to the Constitutional Court. The consideration of the case shall be resumed after a judgment on the issue is adopted by the Constitutional Court. (12.02.02 №1264 )

Article 20

1. Recognition of a law or other normative act as unconstitutional shall not imply annulment of the sentences and decisions as adopted earlier by the court on the basis of the act in question, it shall cause only the suspension of their enforcement in accordance with the procedure established by procedural legislation. (12.02.02 №1264)

Article 21

1. The issues, provided for by subparagraphs “a”, “f” and “h”, “i” and “j” of the first paragraph and by the second paragraph of Article 19 of the present Law, shall be considered by the Plenum of the Constitutional Court.
2. The issues, provided for by subparagraphs “b”, “c”, “e” and “g” of the first paragraph of Article 19 of the present Law, shall be considered by a Board of the Constitutional Court.
3. The issue of constitutionality of the elections of the Parliament of Georgia and the President of Georgia, as well as the issue of constitutionality of a referendum shall be considered by the Plenum of the Constitutional Court, whereas the issue of constitutionality of the elections of a local representative body – Sakrebulo, Gamgebeli, and Mayor shall be considered by a Board of the Constitutional Court.
4. The case, comprising the issues falling under the jurisdiction of both the Plenum and a Board, shall be considered by the former.
5. A member of the Constitutional Court, participating in the consideration of a case shall not be authorized to decline from voting and abstain during the voting.
6. If, while adjudicating upon a constitutional claim the votes of the members present at the sitting of the Plenum/Board are equally divided, the constitutional claim shall not be upheld.
7. If, while adjudicating upon a constitutional submission the votes of the members present at the sitting of the Plenum are equally divided, the unconstitutionality of the normative act or a part thereof, constitutionality of which is questioned by a court of general jurisdiction, as well as the violation of the Constitution by the President of Georgia or any person referred to in Article 64 of the Constitution of Georgia shall not be deemed established.
7¹ If while adjudicating upon a constitutional submission provided for by Article  of the present Law, the votes of the members present at the sitting of the42 Plenum are equally divided, the unconformity of the normative act or a part thereof, with the Constitution of Georgia, the constitutional law of Georgia on the Status of the Autonomous Republic of Ajara, the constitutional agreement, international treaties and agreements of Georgia; or laws of Georgia. shall not be deemed established; ( 25.11.04 №599)
8. While considering and adjudicating upon a case, a Board shall act as the Constitutional Court. (12.02.02 №1264)

      Article  21¹     ( 27.06.2008 N 77)

  1. If the Board of the Constitutional Court is satisfied that  its position is different from the practice of the constitutional court concerning a constitutional claim  or  a submission, the case should be referred to  the Plenum of the Constitutional court .

  2. A ruling, a recording notice, a conclusion or a judgement of the    Plenum of the Constitutional court, which is different from the  practice of the Constitutional court shall be adopted, if it is supported by more than half  of all the members of the Plenum.

Article 22

1. The consideration of a constitutional claim or a constitutional submission shall not exceed nine months from the registration of a constitutional claim or a constitutional submission with the Constitutional Court. Under the exceptional circumstances the President of the Constitutional Court shall prolong the time-limit for the consideration by no longer than 2 months. (Article acquired a new wording on 29.12.2006 N 4215)

2. The time-limit for the consideration of a constitutional claim concerning constitutionality of scheduling elections of the President of Georgia, the Parliament of Georgia, and a local representative body - Sakrebulo, Gamgebeli and Mayor, and that concerning constitutionality of scheduling a referendum shall not exceed fifteen days from lodging the claim with the Constitutional Court.
3. The time-limit for the consideration of a claim concerning constitutionality of election of the President of Georgia shall not exceed seventeen days from lodging the claim with the Constitutional Court.
4. The time-limit for the consideration of a constitutional claim concerning constitutionality of referendum and election of the Parliament of Georgia and a local representative body – Sakrebulo, Gamgebeli and Mayor shall not exceed 30 days from admission of the case by the Constitutional Court for the consideration of the merits. Under the exceptional circumstances the President of the Constitutional Court shall prolong the time-limit for the consideration (by no longer than 30 days).
5. The running of the time-limit, provided for by the first paragraph of the present Article, shall be suspended from the date, on which the constitutional claims provided for by paragraphs 2-4 of the present Article had been admitted to examination, until the Constitutional Court adopts a judgment with regard to the claims. The running of the above time-limit shall also be suspended from the date, on which a constitutional submission is admitted for the consideration until the Constitutional Court reaches a conclusion or a judgment with regard to the submission. (25.11.04 №599)
6. If, at the time of the consideration by the Constitutional Court of a constitutional claim, provided for by paragraphs 2-4 of the present Article, another claim specified in the same paragraphs entered the Constitutional Court, the term for the consideration of the latter shall be calculated from the day, when a judgment with regard to the claim being under the consideration of the merits is rendered. (12.02.02 №1264)

Article 23

1. Upholding a constitutional claim concerning the issues provided for by subparagraphs “a” and “e” of the first paragraph of Article 19 of the present Law, as well as ascertainment of unconstitutionality of a normative act or a part thereof in the case, provided for by the second paragraph of the same Article, shall result in recognition of invalidation of the normative act or the part thereof from the moment of the promulgation of the respective judgment of the Constitutional Court. (12.02.02 №1264)
2. Upholding a constitutional claim concerning the issue, for by subparagraph ‘b” of the first paragraph of Article 19 of the present Law, shall result in invalidation of the normative act violating the competence from the moment of its enforcement. (12.02.02 №1264)
3. Upholding a constitutional claim concerning the issue, for by subparagraph “c” of the first paragraph of Article 19 of the present Law, shall result in annulment of the act of registration of the citizens' political association. (12.02.02 №1264 )
4. Upholding a constitutional claim concerning the issue, provided for by subparagraph “d” of the first paragraph of Article 19 of the present Law, shall result in prohibition to hold the referendum on the issue submitted for referendum, cancellation of the scheduled referendum, or obliging to hold a referendum, cancellation of the scheduled election, or obliging for holding the election; recognition of annulment of the results of the election wholly or partially (in particular electoral districts or precincts). (12.02.02 №1264)
5. Upholding a constitutional claim concerning the issue, provided for by subparagraph “f” of the first paragraph of Article 19 of the present Law, as well as on the basis of a constitutional submission of a court of general jurisdiction, recognition as unconstitutional of an international treaty or agreement or certain parts thereof shall result in recognition of annulment of the international treaty or agreement or certain parts thereof in respect of Georgia, whereas on the basis of a constitutional submission, recognition of an international treaty or agreement or certain parts thereof as unconstitutional shall result in the inadmissibility of ratification of the international treaty or agreement. (12.02.02 №1264)
6. Upholding a constitutional claim concerning the issue, provided for by subparagraph “g” of the first paragraph of Article 19, shall result in:
a) recognition of invalidity from the moment of the entry into force of the respective resolution and restoration of the term of office of the member of the Parliament, provided the Parliament pre-term terminated the office;
b) recognition of invalidity from the moment of the entry into force of the respective resolution recognition of a mandate of a citizen as that of a member of the Parliament, where the Parliament did not recognize his/her mandate;
c) recognition of invalidity of the respective resolution from the moment of the promulgation of the judgment of the Constitutional Court and pre-term termination of the office of a member of the Parliament, where the Parliament did not pre-term terminate his/her office.
d) recognition of invalidity of the resolution (or a part thereof), by which the Parliament recognized the mandate of a member of the Parliament, from the moment of the promulgation of the judgment of the Constitutional Court. (12.02.02 №1264)
7. On the issue, provided for by subparagraph “h” of the first paragraph of Article 19 of the present Law, the Constitutional Court shall adjudicate upon constitutionality of a person’s act referred to in Articles 63 and 64 of the Constitution. (12.02.02 №1264)
8. Upholding a constitutional claim concerning the issue, provided for by subparagraph “i” of the first paragraph of Article 19, shall result in recognition of invalidation of the impugned act or the part thereof from the moment of the promulgation of the respective judgment of the Constitutional Court. ( 25.11.04 №599).
9. On the issues, provided for by subparagraph “j” of the first paragraph of Article 19 of the present Law, finding of unconformity of normative acts of the Supreme Council of the Autonomous Republic of Ajara with the Constitution of Georgia, the constitutional law of Georgia on the Status of the Autonomous Republic of Ajara, the constitutional agreement, international treaties and agreements of Georgia; and laws of Georgia shall result in recognition of invalidation of the impugned act or the part thereof from the moment of the promulgation of the respective judgment of the Constitutional Court. (25.11.04 №599).
 of Article 25 of the present Law10. On the issues provided for by paragraph 4 the impugned act shall be invalidated from the moment of the promulgation of the respective ruling of the Constitutional Court. (25.11.04 №599).

Article 24

1. All state bodies, legal entities and individuals, political and public associations of citizens and the local self-government bodies shall be obliged to observe the requirements of and emanating from the authority of the Constitutional Court and its members in terms of the adjudication upon a case.
2. In terms of the adjudication upon a case the Constitutional Court and its members shall be authorized to receive information from every state body, legal entity and individual, scientific institution and information centre and to invite specialists in accordance with the Rules of the Court with the view of carrying out expert and consultative work.
3. Failure to observe or prevention from observing the requirements of and emanating from the authority of the Constitutional Court and its members shall be punishable by law.

Article 25

1. A judgment of the Constitutional Court shall be final and the failure to observe it shall be punishable by law.
2. A normative act or a part thereof recognized as unconstitutional shall cease to have the legal effect from the moment of the promulgation of the relevant judgment of the Constitutional Court, unless other term is provided for by the present Law.
3. A Constitutional Court act shall immediately be enforced after its promulgation, unless other term is provided for by the act.
4. After the Constitutional Court recognizes a normative act or a part thereof as unconstitutional it shall be impermissible to adopt/enact such a legal act, which contains the norms analogous to those declared unconstitutional.
4¹ If at the sitting on preliminary issues the Constitutional Court finds that the impugned normative act or the part thereof contains the norms analogous to those declared unconstitutional, or incompatible with the Constitutional Law of Georgia on the Status of the Autonomous Republic of Ajara with respects to the issues provided for by subparagraph “i” of the first paragraph of Article 19 of the present Law, or incompatible with the Constitution of Georgia, the Constitutional Law of Georgia on the Status of the Autonomous Republic of Ajara, the Constitutional Agreement, international treaties and agreements of Georgia; and laws of Georgia with respect to the issues, provided for by subparagraph “j” of the first paragraph of Article 19 of the present Law, and if there is no ground provided for by the ,first paragraph of Article 21  it shall deliver a ruling on inadmissibility of the case and recognition of invalidation of the impugned act or the part thereof. (27.06.2008. N77)
5. If the Constitutional Court is satisfied that operation of an impugned normative act may have irremediable effects in respect to one of the parties to the proceedings, the Court may temporarily suspend the application of the impugned act or a relevant part thereof.
(12.02.02. №1264)

Article 26

1. The Constitutional Court shall not be authorized to discuss conformity of the whole law or other normative act with the Constitution, if the claimant or author of the submission demands only recognition of a particular provision of the law or other normative act as unconstitutional.
 of the present Law the11 In the cases provided for by Article 41 Constitutional Court of shall not be authorized to discuss conformity of whole normative act with the constitutional law of Georgia on the Status of the Autonomous Republic of Ajara, whereas in the cases provided for by Article 41 of the present Law- conformity with the Constitution of Georgia, the constitutional law of Georgia on the Status of the Autonomous Republic of Ajara, the constitutional agreement, international treaties and agreements of Georgia; or the laws of Georgia, if the claimant or author of the submission demands only recognition of a particular provision of the impugned act as invalid. ( 25.11.04  №599).
2. In the cases, provided for by subparagraphs “a”, “b”, “e”, and “f” of the first paragraph and by the second paragraph of Article 19 of the present Law, the Constitutional Court, while assessing constitutionality of a normative act, shall:
a) examine conformity of the contents of the act with the Constitution;
b) ascertain whether the procedure established by the Constitution concerning adoption/enactment of, signing, promulgating and enforcing a legislative act is complied with. (12.02.02. №1264)
3. During the examination of a normative act the Constitutional Court shall take into consideration not only the verbatim implication of the impugned provision, but also the genuine idea implied therein and the practice of its application, as well as the gist of the relevant constitutional provision. (12.02.02. №1264)