Foundations of the Constitutional Order
Article 6 of the Constitution of Georgia builds the hierarchy of the entire legal system: the Constitution of Georgia is the supreme law of the state, and every other legal act must conform to it. Under the second part of the same article, the legislation of Georgia conforms to the universally recognized principles and norms of international law, and an international treaty or agreement of Georgia that does not contradict the Constitution and the constitutional agreement has superior legal force over domestic normative acts.
Composition and Judiciary of the Constitutional Court
According to Article 60 of the Constitution, the Constitutional Court of Georgia exercises judicial power by means of constitutional proceedings. The Constitutional Court consists of 9 judges appointed for a term of 10 years, of which 3 judges are appointed by the President of Georgia, 3 judges are elected by Parliament by a majority of three fifths of the full composition, and 3 judges are appointed by the Supreme Court. A judge of the Constitutional Court may be a citizen of Georgia from the age of 35 who has a higher legal education, at least 10 years of professional experience in the specialty and a distinguished professional qualification; a person who has previously held this position may not be a judge. The Constitutional Court elects a chairman from among its composition for a term of 5 years, and the re-election of the same person as chairman is not allowed.
Powers of the Constitutional Court
The fourth part of Article 60 lists the powers of the Constitutional Court. On the basis of a claim of a natural person, a legal person or the Public Defender, the court examines the constitutionality of a normative act with respect to the fundamental human rights recognized by the second chapter of the Constitution — this is the most important avenue for a citizen, because here an individual receives a direct right of application. Further, on a claim of the President, of at least one fifth of the members of Parliament or of the Government, the court decides the conformity of a normative act with the Constitution; on a submission of a common court it examines the constitutionality of an act that the common court must apply in a concrete case and that, by its substantiated suspicion, may contradict the Constitution. In addition, the court examines disputes concerning the competence of an organ of state power, the constitutionality of international treaties, the constitutionality of the activity of a political party, decisions on the mandate of a member of Parliament, disputes connected with referenda and elections, and a claim of a representative organ of local self-government with respect to the ninth chapter of the Constitution.
Final Force of Decisions and the Special Rule for Elections
A decision of the Constitutional Court is final: an act or part thereof declared unconstitutional loses force from the moment of publication of the respective decision, unless the decision sets another time limit. With respect to elections the Constitution requires special stability: it is inadmissible for the Constitutional Court to declare the norm regulating elections unconstitutional during the respective election year if that norm has not been adopted within one year before the elections. A decision on declaring held elections unconstitutional is adopted by the plenum of the Constitutional Court with the full consent of the list composition no later than the 7th day from the official announcement of the election results.
Principles of Proceedings and the Unity of the Court System
Article 62 of the Constitution describes the basic principles of proceedings: a decision of a court is pronounced in the name of Georgia; the acts of a court are binding for execution, and non-execution or obstruction of execution is punishable by law. A case is heard at an open session, a closed session is permissible only in the cases provided for by law, and the decision is announced publicly. Proceedings are conducted in the state language, a person who does not know the state language is provided with an interpreter, and the process rests on the equality and competitiveness of the parties. Article 82 adds that judicial power is exercised through constitutional control, the administration of justice and other forms determined by law; the acts of courts are binding throughout the country; judicial power is independent and belongs only to the courts; and in the common courts cases are considered by jury in the cases and procedure provided for by law. Under Article 83, the judicial organ of constitutional control is the Constitutional Court of Georgia; justice is administered by the common courts; military courts are possible in wartime and only within the common court system; and the creation of extraordinary or special courts is inadmissible.
Frequently Asked Questions
Who may apply to the Constitutional Court on the constitutionality of a normative act?
Under Article 60, the constitutionality of a normative act with respect to fundamental human rights is examined on the basis of a claim of a natural person, a legal person or the Public Defender.
How many judges does the Constitutional Court have?
The Constitutional Court consists of 9 judges appointed for a term of 10 years: 3 are appointed by the President, 3 are elected by Parliament by a majority of three fifths of the full composition, and 3 are appointed by the Supreme Court.
Can a special court be created?
No. Under Article 83 of the Constitution the creation of extraordinary or special courts is inadmissible, and the introduction of military courts is possible only in wartime and only within the system of common courts.
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