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Organic Law on the Constitutional Court 

(excerpts)

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Chapter III –Powers of the Constitutional Court

Article 19
1. The Constitutional Court shall be authorised, on the basis of constitutional claim or constitutional submission, to consider and make decisions on:
d) a dispute regarding the constitutionality of regulatory standards for referendum and elections and of elections (referendum) held or to be held based on these standards;

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Article 22

1. The time limit for consideration of a constitutional claim or constitutional submission must not exceed nine months after registration of the constitutional claim or constitutional submission with the Constitutional Court. In special cases, the President of the Constitutional Court shall extend the time limit for consideration of a claim by a maximum of two months.

2. The time limit for consideration of a constitutional claim with respect to the constitutionality of the regulatory standards for elections or a referendum to be held and of the elections or a referendum to be held based on these standards must not exceed 30 days after lodging the claim with the Constitutional Court. A constitutional claim under this paragraph shall be lodged with the Constitutional Court not later than 30 days before setting elections to be held. The mentioned period shall not apply when a claim is related to imposition of obligation to set an election (referendum).

3. The time limit for consideration of a claim with respect to the constitutionality of the regulatory standards for elections held, except for Georgian residential elections, or a referendum and of the elections or referendum held based on these standards must not exceed 30 days after lodging the claim with the Constitutional Court. In special cases, the President of the Constitutional Court shall extend the time limit for consideration of a claim by a maximum of 30 days.

4. The time limit for consideration of a constitutional claim with respect to the constitutionality of the regulatory standards for conducted Georgian presidential elections and of Georgian presidential elections held based on these standards must not exceed 12 days after lodging the claim with the Constitutional Court.

4 1 . The time limit for consideration of and making a final decision on a constitutional claim or constitutional submission, if the Constitutional Court suspends the operation of a disputed act or a relevant part thereof based on this claim/submission and on Article 25(5) of this Law, must not exceed 30 calendar days after the decision of suspension. In special cases, based on a reasoned referral by a trial court, the President of the Constitutional Court shall extend this time limit, at the latest five days before it expires, for a maximum of 15 calendar days. [ Invalidated – Judgement No 3/2/577 of the Constitutional Court of Georgia of 24 December 2014 – website, 12.1.2015]

5. The running of the time limit under the first paragraph of this article shall be suspended for a period from admitting a constitutional claim under paragraphs 2-41 of this article to consideration until the Constitutional Court makes a decision with respect to this claim, as well as from admitting a constitutional submission for consideration until the Constitutional Court issues an opinion or makes a decision with respect to the submission.

6. If during consideration of a constitutional claim under paragraphs 2 to 41 of this article by the Constitutional Court another claim under the same paragraphs has been lodged with the Constitutional Court, the time limit for its consideration shall run from the date of making a decision on a claim pending consideration on the merits.

Organic Law of Georgia No 1059 of 11 November 1997 – The Parliament Gazette No 45, 21.11.1997, p. 54.

Organic Law of Georgia No 1264 of 12 February 2002 – LHGI, No 4, 5.3.2002, Art. 14

Organic Law of Georgia No 599 of 25 November 2004 – LHGI, No 37, 16.12.2004, Art. 171

Organic Law of Georgia No 4215 of 29 December 2006 – LHGI, No 1, 3.1.2007, Art. 17

Organic Law of Georgia No 1890 of 22 October 2009 – LHGI, No 33, 9.11.2009, Art. 199

Organic Law of Georgia No 649 of 30 May 2013 – website, 12.6.2013

Judgement No 3/2/577 of the Constitutional Court of Georgia of 24 December 2014 – website, 12.1.2015


Article 23

1. Satisfaction of a constitutional claim concerning issues under Article 19(1)(a, e, k) of this Law, as well as confirmation of the unconstitutionality of a normative act or its part in the cases identified in paragraph 1(l) and paragraph 2 of the same article, shall result in a declaration of the normative act or its part as void from the promulgation of a relevant judgement of the Constitutional Court.

2. Satisfaction of a constitutional claim concerning an issue under Article 19(1)(b) of this Law shall result in recognition of a normative act that violates competence as void from its entry into force.

3. Satisfaction of a constitutional claim concerning an issue under Article 19(1)(c) of this Law shall entail the cancellation of a registration act of a political party of citizens.

4. Satisfaction of a constitutional claim concerning the constitutionality of regulatory standards for elections or a referendum to be conducted and of election (referendum) to be conducted based on these standards shall result in:

a) recognition of a normative act or its part that is declared as unconstitutional as void from the promulgation of a relevant judgement of the Constitutional Court;

b) cancellation of the set elections (referendum) if setting of elections (referendum) is based on a normative act or its part that is declared as unconstitutional;

c) imposition of an obligation to set elections (referendum) if the decision to not to set elections (referendum) is based on an unconstitutional normative act or its part.

41. Satisfaction of a constitutional claim concerning the constitutionality of regulatory standards for conducted elections (referendum) and of the elections (referendum) conducted based on these standards shall result in:

a) recognition of a normative act or its part regulating the conducted elections or referendum and declared as unconstitutional as void;

b) declaration of the elections or referendum results, in whole or in part (according to individual electoral districts and precincts), as invalid if a normative act or its part declared as unconstitutional has essentially and decisively affected the election results which, in the absence of the unconstitutional act or its part, would be different from the existing ones.

5. Satisfaction of a constitutional claim concerning an issue under Article 19(1)(f) of this Law, as well as recognition as unconstitutional of a treaty or international agreement or individual parts thereof based on the constitutional submission of a common court shall entail the recognition as void for Georgia of a treaty or international agreement or individual parts thereof that were declared as unconstitutional; and recognition as unconstitutional of a treaty or international agreement or certain parts thereof on the basis of the constitutional submission shall entail the inadmissibility of ratification of the treaty or international agreement that was declared as unconstitutional.

6. Satisfaction of a constitutional claim concerning an issue under Article 19(1)(g) of this Law shall result in:

a) declaration of a relevant resolution of the Parliament of Georgia as void from its entry into force, and in restoration of powers of a member of Parliament, if his/her powers were prematurely terminated by the Parliament;

b) declaration of a relevant resolution as void from its entry into force, and in recognition of powers of a citizen as a member of Parliament, if the Parliament refused to recognise his/her powers;

c) declaration of a relevant resolution as void from the promulgation of a Constitutional Court judgement, and in premature termination of powers of a member of Parliament, if the Parliament failed to prematurely terminate his/her powers;

d) declaration of a resolution (or its part) as void from the promulgation of the Constitutional Court judgement by which the Parliament recognised powers of a member of Parliament.

7. With respect to an issue under Article 19(1)(h) of this Law, the Constitutional Court shall establish or reject the constitutionality of actions of a person referred to in Articles 63 and 64 of the Constitution of Georgia and/or the existence of elements of a crime in his/her actions.

8. Satisfaction of a constitutional claim concerning issues under Article 19(1)(i) of this Law shall result in declaration of a disputable act or its part as void from the promulgation of a relevant judgement of the Constitutional Court.

9. In cases described in Article 19(1)(j) of this Law, confirmation of the non-compliance of a normative act or its part 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, treaties and international agreements of Georgia or laws of Georgia shall result in declaration of a disputable act or its part as void from the promulgation of a relevant judgement of the Constitutional Court.

10. In cases described in Article 25(41) of this Law, a disputable act shall become void from the promulgation of a relevant ruling of the Constitutional Court.

Organic Law of Georgia No 1264 of 12 February 2002 – LHGI, No 4, 5.3.2002, Art. 14

Organic Law of Georgia No 599 of 25 November 2004 – LHGI, No 37, 16.12.2004, Art. 171

Organic Law of Georgia No 1890 of 22 October 2009 –LHGI, No 33, 9.11.2009, Art. 199

Organic Law of Georgia No 4628 of 5 May 2011 –website, 25.5.2011

Organic Law of Georgia No 1017 of 6 September 2013 –website, 23.9.2013

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Article 36

1. The right to lodge a constitutional claim with the Constitutional Court concerning the constitutionality of the regulatory standards for elections or a referendum and of the elections (referenda) to be held on the basis of these standards shall rest with at least one fifth of the members of Parliament of Georgia, the President of Georgia and the Public Defender of Georgia.

2. In a case under the first paragraph of this article, the defendant shall be:

a) a body/official that has adopted/issued a disputed normative act;

b) an authorised body/official to set elections (referenda), if the decision to set or not to set elections (referenda) is based on the disputable normative act.

Organic Law of Georgia No 1264 of 12 February 2002 – LHGI, No 4, 5.3.2002, Art. 14

Organic Law of Georgia No 1890 of 22 October 2009 – LHGI, No 33, 9.11.2009, Art. 199

 

Article 37

1. The right to lodge a constitutional claim with the Constitutional Court concerning the constitutionality of the regulatory standards for elections or a referendum and of elections (referenda) held on the basis of these standards shall rest with at least one fifth of the members of Parliament of Georgia, the President of Georgia and the Public Defender of Georgia.

2. In the case under the first paragraph of this article, the defendant shall be a body the normative act of which has been the grounds for lodging a constitutional claim, the Central Election Commission of Georgia, and/or the Electoral Commission responsible for the conduct of the given elections.

3. A constitutional claim under the first paragraph of this article shall be lodged by:

a) the Central Election Commission of Georgia, within seven days after the referendum results are published, if the constitutional claim refers to the constitutionality of the regulatory standards for the conducted referendum and of a referendum conducted on the basis of these standards;

b) by the respective election commission, within three days after the election results are published, if a constitutional claim refers to the regulatory standards of the conducted elections and of the elections conduced on the basis of these standards.

Organic Law of Georgia No 1264 of 12 February 2002 – LHGI, No 4, 5.3.2002, Art. 14

Organic Law of Georgia No 1890 of 22 October 2009 – LHGI, No 33, 9.11.2009, Art. 199

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