The Plenum of the Constitutional Court of Georgia is holding a merit hearing on the case of “Aleksandre Akhaladze v. The Parliament of Georgia “(Constitutional Complaint №1689)
The Plenum of the Constitutional Court of Georgia is holding a merit hearing on the case of “Aleksandre Akhaladze v. The Parliament of Georgia “(Constitutional Complaint №1689)
On July 24 and 25, at 12:00 holding a merit hearing on the case of “Aleksandre Akhaladze v. The Parliament of Georgia” (registration №1689) will be held at the Constitutional Court of Georgia.
In the case under consideration, the contested provision is a norm of the Civil Procedure Code of Georgia, which regulates the procedure for annulling a final court decision and reopening proceedings due to the newly discovered circumstances. In particular, a request to annul a final court decision and to retrial due to newly discovered circumstances may be submitted only within 5 years from the entry into legal force of the judgment.
According to the plaintiff, on the basis of the disputed norm, if an offensive act by the parties, their representatives, or the judge is later established in connection with the legal dispute, an individual has no opportunity, after the expiration of the five-year period, to appeal to the court and exercise the right to have the judgement reviewed and proceedings reopened in order to defend their lawful interests. Consequently, the plaintiff argues that the procedural time limit established on the basis of the disputed provision is incompatible with the right to a fair trial, as guaranteed with the Article 31, Paragraph 1 of the Constitution of Georgia.
The substantive review of the case shall be conducted by the Plenum of the Constitutional Court of Georgia.
The Subject Matter of the Dispute:
The Constitutionality of the normative content of paragraph 4 of the Article 426 of the Civil Procedure Code of Georgia, insofar as it prohibits a person from filing a motion to annul a final court decision and to reopen proceedings due to newly discovered circumstances, as provided under Article 423, paragraph 1, subparagraph „g” of the Civil Procedure Code of Georgia, after the expiration of 5 years from the entry into legal force of the judgment, in relation to Article 31, paragraph 1 of the Constitution of Georgia.
