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Organic Law of Georgia on the Constitutional Court of Georgia

(for more details, full-text version of this law is accessible under topic "election")

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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 authorised 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. (acquired a new wording on 25.11.04)

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 Prosecutor General of Georgia, the President of the Chamber of Control of Georgia and the members of the Council of the National Bank of Georgia.

i. dispute on violation of the constitutional law of Georgia “On the Status of the Autonomous Republic of Ajara”; ( added on 25.11.04)

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. ( added on 25.11.04).

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. (added on 12.02.02)

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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 authorised 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 422 of the present Law, the votes of the members present at the sitting of the 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; (added on 25.11.04).

8. While considering and adjudicating upon a case, a Board shall act as the Constitutional Court.

(Article acquired a new wording on 12.02.02)

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Chapter IV

General procedure of consideration of and adjudication upon the cases before the Constitutional Court

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Article 36

1. The following shall have the right to lodge a constitutional claim to the Constitutional Court concerning constitutionality of holding a referendum:

a. not less than one fifth of the members of the Parliament of Georgia, if the President of Georgia on his/her own initiative or at the request of constituents has called or notwithstanding the request of Parliament of Georgia has not called a referendum;

b. the Public Defender of Georgia, if notwithstanding the electors' request a referendum is not called;

c. not less than one fifth of the members of the Parliament of Georgia, the Public Defender of Georgia, if they believe that the holding a referendum contradicts the requirements of Article 74.2 of the Constitution of Georgia.

d. at least one fifth of the members of the Parliament of Georgia, the President of Georgia, the Public Defender of Georgia, if they believe that the referendum is held in violation of the requirements laid down in the third paragraph of Article 74 of the Constitution of Georgia. (paragraph is added on 12.02.02)

2. To the cases, provided for by subparagraphs “a-c” of the first paragraph of the present Article the President of Georgia shall be the respondent, whereas in the cases, provided for by subparagraph “d” the Central Electoral Commission of Georgia shall be the respondent. (the paragraph acquired a new wording on 12.02.02)

3. In the cases, provided for by subparagraphs “a”-“c” of the same paragraph, the time-limit allowed for lodging a constitutional claim, defined in the first paragraph of the present Article, shall not exceed fifteen days from the expiry of the term established by the first paragraph of Article 74 of the Constitution of Georgia, or from the date, on which the referendum is scheduled, whereas in the cases, provided for by the subparagraph “d” of the same paragraph, the time-limit shall not exceed seven days from the promulgation of the referendum results by the Central Electoral Commission. (the paragraph is added on 12.02.02)

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