State of Emergency and Martial Law: Constitutional Foundations
The legal regime of a state of emergency and martial law is defined by Article 71 of the Constitution of Georgia. Martial law is declared in the case of an armed attack on Georgia or the immediate threat of one: the President, upon the submission of the Prime Minister, declares martial law, concludes a truce where appropriate conditions exist, and immediately submits these decisions to Parliament for approval. The decision enters into force from the moment of the declaration; Parliament approves it immediately upon convening, and if Parliament does not approve the decision, it loses legal force upon the vote.
A state of emergency is defined by the second part of the same article and rests on other grounds. It is declared throughout the territory of the country or in any part of it where the organs of state power are deprived of the possibility of the normal exercise of their constitutional powers — with the grounds listed in the Constitution. The Constitution also clearly limits the territorial operation of the regime: emergency powers extend only to the territory where the state of emergency has been declared.
Procedure of Declaration and Parliamentary Control
Both regimes are declared under the same legal model: the President's decision is immediately submitted to Parliament for approval, and if rejected it loses force upon the vote. The final part of Article 71 sets a special quorum: Parliament's decision on the matters provided for by this article is adopted by the majority of the full composition of Parliament. The decision on the abolition of the regime is likewise adopted under the same procedure established for the declaration and approval.
The President's role is additionally defined by Article 73 of the Constitution: in the case of an armed attack on Georgia the President declares martial law, concludes a truce and submits these decisions to Parliament for approval no later than 48 hours. That term is the boundary of the time during which the regime may function without Parliament's approval.
Decrees and the Restriction of Rights
During martial law or a state of emergency the President, upon the submission of the Prime Minister, issues decrees having the force of organic law, which operate until the abolition of the respective regime. A decree enters into force from the moment of issuance, is immediately submitted to Parliament, and if Parliament does not approve it, it loses legal force upon the vote. A decree connected with the powers of the National Bank is issued with the consent of the President of the National Bank.
The most sensitive side of the regime is the restriction of rights. Under the Constitution, during a state of emergency or martial law the President may by decree restrict the rights belonging to the civic and personal spheres within the constitutional list, and in certain cases suspend the operation of individual norms as well. A decree on the restriction of a right enters into force immediately upon issuance, while a decree on the suspension of a norm enters into force upon Parliament's approval. It is within these boundaries that the Constitution isolates the regime, and precisely these boundaries are the subject of legality control.
Legal Consequences of the Regime
The consequences of the regime affect various spheres: during a state of emergency or martial law general elections are not held, and where a state of emergency has been introduced in a part of the country, the decision on holding elections in the remaining territory is taken by Parliament. For business, however, another aspect is central: the verifiability of the legality of restrictions introduced by decrees — in terms of terms, form and the conditions of parliamentary approval.
Legal consultation on a state of emergency serves precisely this verification: the existence of grounds for the declaration, the form of the decision, the fact and timing of parliamentary approval, the proportionality of the restriction and its territorial operation — each of these elements is a subject of legal assessment, and their violation becomes a ground for challenging the restriction.
Frequently Asked Questions
Who declares a state of emergency?
The President of Georgia upon the submission of the Prime Minister; the decision is immediately submitted to Parliament for approval, and if not approved it loses force upon the vote.
In which cases may it be declared?
In case of mass disorder, violation of territorial integrity, military coup, armed insurrection, a terrorist act, natural or technological catastrophe, an epidemic, or another case where the organs of power are deprived of the normal exercise of their powers.
Within what term is the decision submitted to Parliament?
Under Article 73 — no later than 48 hours.
May elections be held during the regime?
General elections are not held during a state of emergency or martial law; where the regime covers part of the country, Parliament decides on elections in the remaining territory.
How can a restriction be challenged?
The legality of a restriction is checked against the grounds of declaration, the form, the approval procedure and the territorial operation; a violation creates a ground for challenge.
How We Help on Legal.ge
On Legal.ge you will find public-law advocates who will help you assess the legality of emergency-regime acts, challenge restrictions and manage the consequences of the regime for business. Choose a specialist by experience and contact them directly on the platform.