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FAQs

The following legal subjects are entitled to lodge a constitutional complaint or a constitutional submission with the Constitutional Court are the President of Georgia, the Government of Georgia, the Parliament of Georgia, not less than one-fifth of MPs, common courts, the High Council of Justice, the General Prosecutor, the Board of National Bank, the General Auditor, the supreme representative or executive body of an autonomous republic, the representative body of a local self-government, the Public Defender, individuals (physical persons) and legal entities.

The Constitutional Court’s mandate is to review and decide upon compliance of normative acts (laws and secondary legislation) with the Constitution.

In particular, the following disputes fall under the jurisdiction of the Constitutional Court:

a) review the constitutionality of a normative act with respect to the fundamental human rights enshrined in Chapter Two of the Constitution on the basis of a complaint submitted by a natural person, a legal person or the Public Defender;

b) make decisions on the constitutionality of a normative act on the basis of a complaint submitted by the President of Georgia, by at least one-fifth of the Members of Parliament, or by the Government;

c) on the basis of a submission by a common court, review the constitutionality of a normative act to be applied by the common court when hearing a particular case, and which may contravene the Constitution according to a reasonable assumption of the court;

d) review disputes about the competences of a respective body on the basis of a complaint submitted by the President of Georgia, Parliament, the Government, the High Council of Justice, the General Prosecutor, the Board of National Bank, the General Auditor, the Public Defender or the supreme representative or executive body of an autonomous republic;

e) review the constitutionality of international treaties on the basis of a complaint or submission initiated by the President of Georgia, the Government, or by at least one-fifth of the Members of Parliament;

f) review the constitutionality of activities of a political party, or of the termination of powers of a member of the representative body elected upon nomination by this political party, on the basis of a complaint submitted by the President of Georgia, the Government, or by at least one-fifth of the Members of Parliament;

g) review the constitutionality of Parliament's decision to acknowledge or prematurely terminate the powers of a Member of Parliament, on the basis of a complaint submitted by at least one-fifth of the Members of Parliament or the respective individual;

h) review disputes related to norms regulating referendums or elections, and the constitutionality of referendums and elections held or to be held based on these norms, on the basis of a complaint submitted by the President of Georgia, by at least one-fifth of the Members of Parliament, or by the Public Defender;

i) review the constitutionality of a normative act with respect to Chapter Nine of the Constitution on the basis of a complaint submitted by the representative body of a local self-government.

The citizens of Georgia and other individuals and legal entities are entitled to apply to the Constitutional Court if they believe that their rights and freedoms recognised by Chapter Two of the Constitution of Georgia are infringed or may be imminently infringed upon in future by the law or other normative acts.

A constitutional complaint has to be brought in accordance with the special form approved by the Constitutional Court. It has to be signed by the complainant (complainants).

The following documents are required to be attached to a constitutional claim:

a) a text of the impugned normative act;

b) a document certifying the authorization, as well as indicating the addresses, of a claimant’s representatives and defenders of their interests;

c) a document issued by a bank institution certifying payment of the court fee;

d) an electronic version of a constitutional complaint.

The consideration of the merits of a constitutional complaint shall not exceed nine months from the moment of its registration. Under exceptional circumstances, the President of the Constitutional Court may prolong the time-limit by no longer than 2 months.

The legislation does not determine time-limit for the Constitutional Court to render final judgment.

Yes, court fee shall be imposed on constitutional complaints/submissions by the following amount:

  • a) Constitutional complaint lodged by the natural person - 10 GEL;

 

The Constitutional Court is not authorised to exempt anybody from paying a fee, neither increase nor decrease its amount.

The court fee can be paid in any bank on the following treasury code:

302 003 161, 302 003 150

The judgements and other judicial acts of the Constitutional Court are final and shall not be subject to appeal or revision.

The admissibility of a case is normally considered without an oral hearing. The Constitutional Court is authorised to consider a case with oral hearing if clarification of circumstances related to the adoption of a case for consideration on merits is impossible otherwise.

Merits of a case are normally considered with oral hearing. The Constitutional Court is authorised to consider the merits of a case without an oral hearing on the basis of a written request of a complainant and a respondent.

Any natural or legal person may submit her/his written opinion to the Constitutional Court on a particular pending case. The opinion must be filled in in accordance with the special form approved by the Constitutional Court. The Constitutional Court may reflect the submitted opinion in its judgment.

Parties in the constitutional legal proceedings are a complainant and a respondent.

At any stage of the proceedings, the parties have the right to entrust the protection of their interests to a lawyer or other person having a higher legal education. Also, at any stage of the proceedings, the parties shave the right to entrust their authorisation to their proxy - a representative.

Representatives of the parties are proxies, to whom the parties to the proceedings have entrusted their authorisation in accordance with the procedure prescribed by law. It is obligatory to appoint a representative before the Constitutional Court, if the number of complainants or those having lodged a constitutional submission, is more than two, or a person lodging a constitutional complaint/submission is in a penitentiary institution. The authorisation of a representative shall be certified by a notary or in accordance with the procedure established in the respective institution;

Defenders of the parties' interests are lawyers, who are entitled to perform activities of the lawyer in accordance with the legislation, or other persons having a high level of legal education who participate in the legal proceedings together with the parties or their representatives. The parties, as well as their representatives, are entitled to appoint them.

Three members of the Constitutional Court are appointed by the President of Georgia, three members are elected by the Parliament of Georgia, three members are appointed by the Supreme Court of Georgia. The term of office of a member of the Constitutional Court is 10 years. A person who has previously held this position cannot be a member of the Constitutional Court.

A member of the Constitutional Court may be a citizen of Georgia who has attained the age of 35, has obtained higher legal education, has at least 10 years of specialised professional experience and a distinguished professional qualification.

The Constitutional Court consists of the Plenum and two Boards. All nine members of the Constitutional Court shall compose the Plenum. The hearings of the Plenum shall be presided over by the President of the Constitutional Court. The Collegium shall consist of four members of the Constitutional Court. The hearings of the Board shall be presided over by the Vice-President of the Constitutional Court.

The Board considers the following cases:

  • Disputes about the competences of a respective body on the basis of a complaint submitted by the President of Georgia, Parliament, the Government, the High Council of Justice, the General Prosecutor, the Board of National Bank, the General Auditor, the Public Defender or the supreme representative or executive body of an autonomous republic;
  • Constitutional review of the activities of a political party, or the termination of powers of a member of the representative body elected upon nomination by this political party, on the basis of a complaint submitted by the President of Georgia, the Government, or by at least one-fifth of the Members of Parliament;
  • Constitutional review of a normative act with respect to the fundamental human rights enshrined in Chapter Two of the Constitution on the basis of a complaint submitted by a natural person, a legal person or the Public Defender;
  • Constitutional review of Parliament's decision to acknowledge or prematurely terminate the powers of a Member of Parliament, on the basis of a complaint submitted by at least one-fifth of the Members of Parliament or the respective individual;
  • Constitutionality review of a normative act with respect to Chapter Nine of the Constitution on the basis of a complaint submitted by the representative body of a local self-government.

Moreover, if the Board of the Constitutional Court considers that its opinion, based on a case to be considered, dissents from a legal opinion expressed by the court in its earlier decision (decisions), or if a case to be considered in essence gives rise to a rare and/or particularly significant legal issue as to the interpretation and/or application of the Constitution, it shall be authorised, at any stage of consideration and resolution of the case, to refer the case by a reasoned motion to the Plenum of the Constitutional Court for consideration. Plenum of the Constitutional Court shall decide whether to admit the case for the consideration by the plenary.

The Plenum considers the following cases:

  • Constitutional Review of a normative act on the basis of a complaint submitted by the President of Georgia, by at least one-fifth of the Members of Parliament, or by the Government;
  • Constitutionality review of a normative act to be applied by the common court when hearing a particular case, and which may contravene the Constitution according to a reasonable assumption of the common court;
  • Constitutional Review of the international treaties on the basis of a complaint or submission initiated by the President of Georgia, the Government, or by at least one-fifth of the Members of Parliament;
  • Constitutional review of the norms regulating referendums or elections, and the constitutionality of referendums and elections held or to be held based on these norms, on the basis of a complaint submitted by the President of Georgia, by at least one-fifth of the Members of Parliament, or by the Public Defender;
  • The issue of violation of the Constitution of Georgia by the President of Georgia, a member of the Government of Georgia, the Prosecutor General of Georgia a member of the Supreme Court of Georgia, the Auditor General or a member of the Council of the National Bank of Georgia and/or existence of elements of crime in their actions;
  • A dispute regarding violation of Constitutional law of Georgia on the Autonomous Republic of Ajara;
  • Constitutionality review of a normative act with respect to Article 59-64 of the Constitution on the basis of a complaint submitted by the High Council of Georgia;
  • Constitutional review of organic laws of Georgia.