The abstract of the judgment (The judgment is available only in Georgian). Abstracts published by the Constitutional Court of Georgia summarise the facts of the case and key legal considerations of the judgment.

Abstract

On 1 December, 2017, the Second Chamber of the Constitutional Court of Georgia adopted the Judgement in the case of “LLC “Georgian Manganese” v. The Parliament of Georgia” (constitutional complaint №746) and partially upheld the claim raised in the complaint.

According to the rule challenged in the constitutional complaint N746, while using the provisional measures the Court may impose the party, who applied for provisional measures, obligation to secure the possible damages, that other party may incur. The litigation party has 7 days to provide security for possible damages. The complainant asserted, that this term was unreasonably short, as it is often the case that security for possible damages involves mobilization of large sums, which objectively requires more than 7 days.

The Constitutional Court shared the arguments of the complainant and considered that in certain cases, it may objectively need more than 7 days to collect the money necessary to secure the possible damages. In view of this the disputed provision was found unconstitutional with regard to Article 42(1) (right to fair trial) of the Constitution of Georgia.