Constitution (1995, last amended 2005) (excerpts)

THE CONSTITUTION

OF GEORGIA

Adopted on 24 August 1995

Last amendment 27.12.2005, # 2496

(...)

CHAPTER THREE

The Parliament of Georgia

Article 48

The Parliament of Georgia shall be the supreme representative body of the country, which shall exercise legislative power, determine the principle directions of domestic and foreign policy, exercise control over the activity of the Government within the framework determined by the Constitution and discharge other powers.

(...)

Article 56

1. With the view of the preliminary preparation of the legislative issues, facilitating the implementation of decisions, controlling the activities of the bodies accountable before the Parliament and the Government Committees shall be set up in the Parliament for the term of its authority.

2. In the cases defined in the Constitution and the Regulations of the Parliament as well as at the request of not less than one fourth of the deputies, investigative or other temporary commissions shall be set up in the Parliament. The representation of the parliamentary majority in such a commission shall not exceed half of the total number of the commission members.

3. At the request of the investigative commission, appearance before its sitting and submission of the documents necessary for examination of the issue shall be obligatory.

(...)

Article 59

1. A member of the Parliament shall be entitled to apply with a question to the bodies accountable to the Parliament, a member of the Government, the mayor of the city, the heads of executive bodies of the territorial units of any level, state institutions and to receive answers from them.

2. A group of at least ten members of the Parliament or a Parliamentary Faction shall be entitled to apply with a question to any body accountable to the Parliament, the Government, a particular member of the Government the latter being obliged to answer the raised questions at a sitting of the Parliament. The answer may become a matter of discussion of the Parliament.

3. The Parliament shall be authorised to raise a question of official liability of a particular member of the Government before the Prime Minister. In case the Prime Minister does not dismiss a member of the Government, he/she shall submit his/her motivated decision to the Parliament within two weeks. (6.02.2004.N3272)

Article 60

1. Sittings of the Parliament shall be public. Under the decision of the majority of the members of the Parliament present, the Parliament shall be entitled to declare a sitting or a part thereof closed while discussing a particular issue.

2. A member of the Government, an official elected, appointed or approved by the Parliament, shall be entitled and in case of request shall be obliged to attend the sittings of the Parliament, its Committee or Commission, to answer the raised questions at a sitting and submit an account of an activity. At a request such an official shall be heard by the Parliament, Committee or Commission. (6.02.2004.N3272)

3. Voting shall always be by open or individual except for the cases defined in the Constitution or law.

4. The minutes of the Parliament, except for secret matters, shall be published in the official gazette of the Parliament.

Article 61

1. The Parliament of Georgia shall assemble ex officio for a regular session twice a year. The autumn session shall open on the first Tuesday of September and close on the third Friday of December. The spring session shall open on the first Tuesday of February and close on the last Friday of June.

2. The President of Georgia at the request of the President of the Parliament, not less than one fourth of the members of the Parliament or on his/her own initiative during the period between regular sessions shall convene an special session of the Parliament and in the duration of a regular session – a special sitting. If within 48 hours after such a written submission was made, the President fails to issue the act of convocation, the Parliament shall be obliged to start its work within the following 48 hours in accordance with its Regulations.

3. Special sitting of the Parliament shall follow a specific agenda and it shall close upon the exhaustion of the agenda.

4. From the declaration of a state of emergency or martial law by the President, the Parliament shall assemble within 48 hours. The Parliament shall work until the end of the state.

(...)

Article 66

1. A draft law or a draft resolution shall be deemed to be adopted if it is supported by the majority of the members of the Parliament present, but not be less than one third of the total number of the members of Parliament unless the Constitution determines another procedure for the adoption of the draft law or draft resolution.

11. A Constitutional Agreement shall be deemed approved if it is supported by not less than three-fifth of the total number of the members of the Parliament. (30.03.2001, #826)

2. A draft Organic Law shall be deemed adopted if it is supported by more than half of the number of the members of the Parliament on the current nominal list.

3. The consent of the Parliament shall be adopted in the form of a resolution unless another procedure is defined by the Constitution.

4. The procedure for the adoption of other decisions shall be defined by the Regulations of the Parliament.

Article 67

1. The President of Georgia only in the exclusive cases, the Government, a member of the Parliament, a Parliamentary Faction, a Parliamentary Committee, the higher representative bodies of the Autonomous Republic of Abkhazia, the Autonomous Republic of Ajara, not less than 30,000 electors shall have the right to legislative initiative.

2. At the request of the President of Georgia, the Parliament shall give the priority to the discussion of a draft law submitted by the former.

3. In case the Government does not submit the remarks with regard to a draft law considering in the Parliament within a term provided for by law, the draft law shall be deemed approved.

(6.02.2004.N3272)

Article 68

1. A draft law adopted by the Parliament shall be submitted to the President of Georgia within a term of seven days. (6.02.2004.N 3272)

2. The President shall sign and promulgate the law within a term of ten days or return it to the Parliament with reasoned remarks.

3. If the President returns the draft law to the Parliament, the latter shall put to the vote the remarks of the President. For the adoption of the remarks the same number of votes shall suffice as determined for this kind of draft law by Article 66 of the Constitution. If the remarks are adopted, the final redaction of the draft law shall be submitted to the President who shall sign and promulgate it within a term of seven days.

4. If the Parliament rejects the remarks of the President, the initial redaction of the draft law shall by put to the vote. A law or an Organic Law shall be deemed to be adopted if it is supported by not less than three fifths of the number of the members of the Parliament on the current nominal list. The constitutional amendment shall be deemed to be passed if it is supported by not less than two thirds of the total number of the members of the Parliament.

5. If the President fails to promulgate the draft law within the defined term, the President of the Parliament shall sign and promulgate it.

6. A law shall enter into force on the fifteenth day after its official promulgation unless another term is defined.

(...)

CHAPTER FOUR

The President of Georgia

(...)

Article 73

1. The President of Georgia shall:

    (...)

    j. issue decrees and orders on the basis of the Constitution and law;

    k. sign and promulgate  laws in accordance with the procedure prescribed by the Constitution;

    (...)

3. The President of Georgia shall be authorised to suspend or abrogate acts of the Government and the bodies of the executive power, if they are in contradiction with the Constitution of Georgia, international treaties and agreements, laws and the normative acts of the President. (6.02.2004.N3272)

(...)

Article 74

1. At the request of the Parliament of Georgia, of not less than 200,000 electors or on his/her own initiative the President of Georgia shall schedule a referendum concerning the issues determined by the Constitution and the Organic Law within 30 days after receiving such a request.

2. The referendum shall not be held with the view of adopting or repealing law, in terms of amnesty or pardon, ratification or denunciation of international treaties and agreements, as well as the issues restricting the basic constitutional rights and freedoms of individuals.

3. Issues related to the scheduling and holding referendum shall be determined by the Organic Law.

(...)