About the Court
On 24 August 1995, the Parliament of Georgia adopted the Constitution of Georgia. The Constitution proclaims the will to establish a democratic social order, economic freedom, and a legal and a social state, to enhance the state independence and peaceful relations with other peoples, and to secure universally recognised human rights and freedoms.
The Constitution of Georgia derives from the centuries-old traditions of the statehood of the Georgian nation and the historical and legal legacy of the Constitution of Georgia of 1921. The Constitution enshrines the exercise of state authority on the basis of separation of powers.
The Constitutional Court of Georgia is a judicial body of constitutional review that plays a key role in view of observing constitutional provisions, securing the functioning of state institutions constitutional framework based on the separation of powers, protecting constitutional human rights and freedoms, and enhancing the stability of the state.
The Constitutional Court was established in 1996. The legal basis of its organisation and functioning is the Constitution of Georgia, the Organic Law of Georgia "On the Constitutional Court of Georgia", and the Rules of the Constitutional Court.
The Constitutional Court of Georgia is based in the city of Batumi.
Competencies of the Constitutional Court
The Constitutional Court of Georgia shall in accordance with the procedures established by the organic law:
a) review the constitutionality of a normative act with respect to the fundamental human rights enshrined in Chapter Two of the Constitution on the basis of a complaint submitted by a natural person, a legal person or the Public Defender;
b) adjudge upon the constitutionality of a normative act on the basis of a complaint submitted by the President of Georgia, by at least one-fifth of the Members of Parliament, or by the Government;
c) on the basis of a submission by a common court, review the constitutionality of a normative act to be applied by the common court when hearing a particular case, and which may contravene the Constitution according to a reasonable assumption of the court;
d) review disputes about the competences of a respective body on the basis of a complaint submitted by the President of Georgia, the Parliament, the Government, the High Council of Justice, the General Prosecutor, the Board of National Bank, the General Auditor, the Public Defender or the supreme representative or executive body of an autonomous republic;
e) review the constitutionality of international treaties on the basis of a complaint submitted by the President of Georgia, the Government, or by at least one-fifth of the Members of Parliament;
f) review the constitutionality of activities of a political party, or of the termination of powers of a member of the representative body elected upon nomination by this political party, on the basis of a complaint submitted by the President of Georgia, the Government, or by at least one-fifth of the Members of Parliament;
g) review the constitutionality of Parliament's decision to acknowledge or prematurely terminate the powers of a Member of Parliament, on the basis of a complaint submitted by at least one-fifth of the Members of Parliament or the respective individual;
h) review disputes related to norms regulating referenda or elections, and the constitutionality of referenda and elections held or to be held based on these norms, on the basis of a complaint submitted by the President of Georgia, by at least one-fifth of the Members of Parliament, or by the Public Defender;
i) review the constitutionality of a normative act with respect to Chapter Nine of the Constitution on the basis of a complaint submitted by the representative body of local self-government;
j) exercise other powers determined by the Constitution.
The Constitutional Court performs its duties on the basis of principles of legality, collegiality, publicity, adversarial and equality of arms, independence, immunity and permanence of members of the Constitutional Court for the entire term of their office.
Composition of the Constitutional Court
The Constitutional Court of Georgia consists of nine justices - the members of the Constitutional Court, out of whom the President of the Constitutional Court, two Vice-Presidents and the Secretary to the Constitutional Court are elected. Three highest state authorities take part in the formation of the Constitutional Court - three members of the Constitutional Court are appointed by the President of Georgia, three members are elected by the Parliament of Georgia by a majority of at least three-fifths of the total number of its members and three members are designated by the Supreme Court of Georgia. The term of office of a member of the Constitutional Court is 10 years. A justice of the Constitutional Court shall not have previously held this office.
The members of the Constitutional Court are independent in performing their duties. They evaluate the actual facts and make decisions based solely upon the Constitution of Georgia. Interference in their activities is inadmissible and punishable under the law. The Constitution secures the personal immunity of a member of the Constitutional Court. The legislation provides for other guarantees with the view of securing the independence of a member of the Court.
The Constitutional Court elects a President from among its members for a term of 5 years. A person who has already held the position of chairperson of the Constitutional Court shall not be re-elected. A candidate for President of the Constitutional Court may be nominated by at least three members of the Constitutional Court within two weeks after the expiry of his/her term of office or premature termination of his/her powers as President of the Court.
The President of the Constitutional Court submits the Rules of the Constitutional Court and the Regulations of the Apparatus to the Plenum for approval, distributes cases, and appoints a reporting judge for the session of the Plenum of the Constitutional Court, nominates candidates for Vice-Presidents and Secretary of the Constitutional Court to the Plenum, convenes the Plenum under procedures established by the Rules of the Constitutional Court, presides over plenary sessions, signs plenary decisions, rulings, conclusions, records of judgments and minutes of the sessions, approves the procedure for serving internship at the apparatus of the Constitutional Court. The President is also responsible for the general administration of the apparatus of the Constitutional Court, and may appoint and dismiss the staff members and interns according to legislation and sign labour contracts with other public servants of the apparatus; also, determine the amount of remuneration for interns. The President of the Constitutional Court administers the budgetary allocations of the Constitutional Court and exercises other powers under the legislation and the Rules of the Court.
Two Vice-Presidents of the Constitutional Court and the Secretary to the Court are elected by the Plenum upon the nomination of the President of the Constitutional Court for a term of 5 years. A Vice-President of the Constitutional Court may not be re-elected.
The Vice-President of the Constitutional Court presides over the Board sittings, performs particular duties of the President of the Constitutional Court as assigned by the President. In the absence of the President of the Constitutional Court or if the President is unable to perform his/her duties, one of the Vice-Presidents acts as the President as assigned by him/her, and if there is no such assignment, then the duties shall be performed by the eldest Vice-President.
The Secretary to the Constitutional Court, in addition to exercising powers of a member of the Constitutional Court, organises Plenary sessions and Board sittings, keeps the minutes thereof, signs acts of the Constitutional Court, takes measures to enforce the judgments of the Constitutional Court and makes monthly reports to the Plenum on progress of their implementation, facilitates the development of the system for electronic processing of necessary information, organises the distribution of formal documentation of the Constitutional Court.
The Constitutional Court of Georgia consists of the Plenum and two Boards. The Plenum is composed of all nine members of the Constitutional Court. Each of the Boards is made up of four justices. The composition of the Boards is approved by the Plenum upon the submission of the President of the Court. While considering and adjudicating upon a case, a Board acts as the Constitutional Court.
The Apparatus of the Constitutional Court assists the Court in the provision of legal, organisational, personnel-related, communications, financial and logistical matters. The Apparatus of the Constitutional Court consists of the following units: Secretariat of the Court, Department of Legal Provision and Research, Organisational Department, Economic Department, Court Bailiffs Office.