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Type of the Disputed Act
Law of Georgia
Organic Law of Georgia
Secondary Legislation
Constitutional Law
Internationa Treaty/Agreement
Decree of the President of Georgia
Other
Competence
all
Compliance of a normative act with the human rights chapter of the Constitution - 19.1.e
Constitutional Referance of a Common Court - 19.2
Constitutionality of a normative act - 19.1.a
Duspute regarding the competences of a respective body - 19.1.b
Constitutionality of formation of political partiy and its activity - 19.1.c
Dispute regarding the constitutionality of elections/referandum - 19.1.d
Constitutionality of international treaties/agreements - 19.1.f
Issuest regarding the powers of a member of the Parliament - 19.1.g
Participation in impeachment of the high officials - 19.1.h
Dispute on violation of the Constitutional Law on A/R of Adjara - 19.1.i
Constitutionality of the Normative Acts of Adjara S/C with the Constitution and the Constitutional Law on Adjara - 19.1.h
Constitutionality of the Normative acts with ninth chapter (Self Government) of the Constitution - 19.1.k
Constitutionality of the normative Acts with Articles 59-64 of the Constitution of Georgia - 19.1.l
Considered Provisions
all
...
Preamble
Georgia is an independent, unified and indivisible state
Territorial integrity of Georgia and the inviolability of the state border
Art 1 - Other
Name of the state of Georgia
The Capital of Georgia
Official Language of Georgia
The State Flag, the Coat of Arms, and the Anthem of Georgia
Art 2 - Formal requirements
Art 2 - Other
Georgia is a democratic republic
People are the source of state authority
Representive and direct democracy
No one shall have the right to seize power
Prohibition on the extention of the term of an elected body
The principles of the activites of political parties
Art 3 - Other
Georgia is a legal state
The State acknowledges and protects universally recognized human rights
Direct applicability of human rights
Universally recognized human rights that are not reffered to in the Constitution
Exercising the state authority based on the principle of the separation of power
State authority shall be exercised within the ambit of the Constitution and law
Constitution of Georgia as the supreme law and hierarchy of other normative acts
Normative effect of the international treaties of Georgia
Art 4 - Other
Georgia is a social state
Strengthening of the principles of social justice, social equality and social solidarity
Strengthening of the principles of social justice, social equality and social solidarity
Equitable Socio-Economic and demographic development in the entire territory of the country
Special conditions for the development of high mountain regions
Environmental protection and the rational use of natural resources
Protection of national values, identity and cultural heritage
Development of education, science and culture
Development of sports, establishing a healthy lifestyle
Maintaining connections with the homeland for Georgian compatriots residing abroad
Art 5 - Other
Economic freedom is recognized and guaranteed
Developing a free and open economy, and free enterprise and competition
Prohibition of abolishing the universal right to private property
Art 6 - Other
Exclusive competences of the supreme state authorities of Georgia
Terms of exercising the powers of the Autonomous Republic of Abkhazia and the Autonomous Republic of Ajara
Revision of the state territorial arrangement of Georgia
Regulating affairs of local importance through local self-government
The separation of the powers of state authority and self-governing units
Financial resources of self-governing units and their relation with the powers
Exclusive economic zone of Anaklia and establishment of other counterparts
Art 7 - Other
Recognizing the outstanding role of the Orthodox Church of Georgia
Relationship between the state of Georgia and the Orthodox Church and the Constitutional Agreement
Compliance of the Constitutional Agreement with principles of International Law
Art 8 - Other
Art 9 - All
Inviolability of human dignity
Prohibition of torture
Inhuman or degrading treatment
Inhuman or degrading punishment
Proportionality of punishment
Art 9 - Formal requirements
Art 9 - Other
Art 10 - All
Right to life
Prohibition of death penalty
Physical integrity of a person
Art 10 - Formal requirements
Art 10 - Others
Art 11 - All
Equality before the law
Right of citizens to maintain and develop their culture, and use their mother tongue
Special measures
Level of Scrutiny: Strict scrutiny
Level of Scrutiny: Rational basis review
Level of Scrutiny: Other
Ground: Gender/Sex
Ground: Race
Ground: Colour
Ground: Origin
Ground: Ethnicity
Ground: Language
Ground: Religion
Ground: Political or other views
Ground: Social affiliation
Ground: Property or titular status
Ground: Place of residence
Ground: Other grounds
Art 11 - Formal requirements
Art 11 - Other
Art 12 - All
Free personal development
Art 12 - Formal requirements
Art. 12 - Other
Art 13 - All
Protection of Human liberty
Deprivation of liberty
Other restrictions on liberty
Arrast of a person
Arrestee shall be brought before a court
Rights of arrested person
Pre-trial detention
Detention period for accused person
Engagement of a court
Standards of Proof
Right to compensation
Art 13 - Formal requirements
Art 13 - Other
Art 14 - All
Freedom of movement
Choosing a place of residance
Leaving the country
Entering to the country
Art 14 - Formal requirements
Art 14 - Other
Art 15 - All
Right to personal and family privacy
Right to personal space and privacy of communication
Entering the residence/other possessions
Conducting a search
urgent necessity
Judicial control
Art 15 - Formal requirements
Art 15 - Other
Art 16 - All
freedom of belief, religion and conscience
Manifestation of belief/religion
Persecution of a person because of his/her belief, religion and conscience
Coercion into expressing opinion
Art. 16 - Other
Art 17 - All
Opinion and the expression of opinion
Persecution of a person because of his/her opinion
Right to receive and impart information
Freedom of mass media
Inadmissibility of censorship
Prohibition to monopolize mass media or the means of dissemination of information
Right to access/use internet
Independence of the public broadcaster
Independence of the national regulatory body
Art 17 - Formal requirements
Art. 17 - Other
Art 18 - All
interference (freedom of expression)
Access to public information
Familiarize with information about him/her
Other information or an official document
Protection of personal data in official records
Right to a fair hearing by an administrative body
Right to a hearing within a reasonable time
Full compensation for damage unlawfully inflicted by the State
Art 18 - Formal requirements
Art 18 - Other
Art 19 - All
Right to property
Right to inherit property
Restriction of right to property
Legitimate expectations for protection of property
Expropriation of property
Court decision
Fair compensation
Agricultural land
Art 19 - Formal requirements
Art 19 - Other
Art 20 - All
Freedom of creativity
Right to intellectual property
Inadmissibility of interference in the creative process and censorship
Dissemination of a creative work
Right to take care of protecting cultural heritage
Art 20 - Formal requirements
Art 20 - Other
Art 21 - All
Freedom of assembly
Subjects of the right
Prior notification
Termination of the assembly
Art 21 - Formal requirements
Art 21 - Other
Art 22 - All
Protection of freedom of association
Dissolvement of association by a court decision
Dissolvement of association by its own
Art 22 - Formal requirements
Art 22 - Other
Art 23 - All
Right to form a political party
Participate in political party's activities
Incompatibility of Political party membership
Inadmissibility of the establishment and activity of a political party
Prohibition of a political party by decision of the constitutional court
Art 23 - Formal requirement
Art 23 - Other
Art 24 - All
Active voting right
Passive voting right
Equality within voting right
Right to participate in a referendum
Free expression of the will of a voter
Electoral right of a sentenced person
Electoral right of the beneficiary of support
Art 24 - Formal requirements
Art 24 - Other
Art 25 - All
Right to hold public office
Terms of civil service
Restriction to hold the office of the President, the Prime Minister and the Chairperson of the Parliament of Georgia
Art 25 - Formal requirements
Art 25 - Other
Art 26 - All
Freedom of labour
Right to freely choose employment
Right to safe working conditions
Right to strike
Right to establish and join trade unions
Other labour rights
Consumer rights
Freedom of enterprise
Prohibition of monopolistic activities
Art 26 - Formal requirement
Art 26 - Other
Art 27 - All
Right to receive and to choose the form of education
Pre-school education
Compulsoriness of elementary and basic education
General education
Vocational and higher education
Academic freedom
Autonomy of higher educational institutions
Art 27 - Formal requirements
Art 27 - Other
Art 28 - All
Right to affordable and quality health care
Quality of health care institutions and medical services
Regulating the production and circulation of pharmaceuticals
Art 28 - Formal requirements
Art 28 - Other
Art 29 - All
Right to live in a healthy environment
Right to enjoy the natural environment and public space
Right to receive full information about the state of the environment
Right to care for the protection of the environment
Right to participate in the adoption of decisions related to the environment
Environmental protection and the rational use of natural resources
Art 29 - Formal requirements
Art 29 - Other
Art 30 - All
Right to marry
Marriage shall be based on the free will of spouses
Marriage shall be based on equality of rights of spouses
Rights of mothers
Rights of children
Art 30 - Formal requirements
Art 30 - Other
Art 31 - All
Apply to a court, right to a fair and timely trial
Fair Trial: Right to appeal
Fair Trial: Right to oral hearing
Fair Trial: Right to decision within a reasonable time
Fair Trial: Right to adversarial proceedings and principle of equality of arms
Fair Trial: Newly discovered circumstances
Judicial jurisdiction
Right of defence
Exercise of the rights of a lawyer And lawyers self-organisation
Interrogation of witnesses under the same conditions
Burden of proof
Accuse for trial shall be based on a reasonable belief
Judgment of conviction shall be based on incontrovertible evidence
Resolving suspicion in defendant’s favour
Prohibition of conviction again for the same crime
Foreseeability of the law establishing criminal responsibility
Individualization of guilt
Prohibition of retroactivity
Using retroactive force to reduce or abrogate responsibility
Legal force of Evidence obtained in violation of the law
Self-incrimination
Testify against relatives
Art 31 - Formal requirements
Art 31 - Other
Art 32 - All
Protection of citizens
Acquisition of citizenship
Procedures for acquiring, losing and granting citizenship to a foreign citizen
Inadmissibility of deprivation of citizenship and expulsion of a citizen
Transfer of a citizen to a foreign state
Art 32 - Formal requirements
Art 32 - Other
Art 33 - All
Equality of Citizens of other states, stateless persons living in Georgia and citizens of Georgia
Restrictions on the political activities of citizens of other states and stateless persons
Grant asylum to citizens of other states and stateless persons
Terms of expulsion or extradition of persons
Art 33 - Formal requirements
Art 33 - Other
Art 34 - All
Application of fundamental human rights to natural and legal persons
Prohibition of exercise fundamental human rights to violate the rights of others
Proportionality of restriction on right
Art 34 - Other
Art 35 - All
Constitutional competence of the Public Defender
Election of the Public Defender
Punishability of hindering the activities of the Public Defender
Immunity for the Public Defender
The powers of the Public Defender
Art 35 - Formal requirements
Art 35 - Other
Art 36 - All
The Parliament of Georgia is the supreme representative body
Defining the main directions of the country’s domestic and foreign policies
Control of the activities of the Government
The Rules of Procedure of the Parliament and rules of adoption of the Rules of Procedure of the Parliament
The force of law of the Rules of Procedure
Art 36 - Formal requirements
Art 36 - Other
Art 37 - All
Composition of the Parliament
Principle of formation of the Parliament
Tenure of the legislature
Number of members of the Parliament
Regular election of the Parliament
Qualifications for membership of the parliament
Right to participate in the Parliamentary Elections
Distribution of mandates
Art 37 - Formal requirements
Art 37 - Other
Art 38 - All
Holding the first meeting of the Parliament
Quorum for start working of the Parliament
Acknowledgement of the power of members of the Parliament
Termination of the powers of the previous Parliament
Art 38 - Other
Art 39 - All
Parliament member status and free mandate
Parliamentary Immunity
Parliamentary Indemnity
Exercise of parliamentary activities without interference
Incompatibility of the activities of a member of the Parliament
Early termination of the powers of a Member of the Parliament
Art 39 - Formal requirements
Art 39 - Other
Art 40 - All
Electing the chairperson of the Parliament
Power of the chairperson of the Parliament
Deputy chairpersons of the Parliament
Art 40 - Formal requirement
Art 40 - Other
Art 41 - All
Parliamentary Bureau and its composition
Parliamentary committees
Joining a Parliamentary faction
Minimal number of faction members
Procedures for the forming and activity of factions
Art 41 - Formal requirements
Art 41 - Other
Art 42 - All
Creating Investigative or other temporary commissions
Composition of the commission
Obligation to assist the investigative commission
Art 42 - Formal requirements
Art 42 - Other
Art 43 - All
Reffer with a question to the Government
Obligation to provide a response to a question
Right to pose a question through interpellation
Parliamentary deliberation of the response
Art 43 - Other
Art 44 - All
Regular sessions of the Parliament
Extraordinary sessions of the Parliament
Emergency session
Publicity of Parliamentary sittings
Declaring of a sitting or part of a sitting closed
Open and secret voting
Public official's obligation to attend sittings of the Parliament
Art 44 - Formal requirements
Art 44 - Other
Art 45 - All
Right of legislative initiative
Discuss a draft law submitted by the Government at its request in an extraordinary sitting
Quorum for general law
Quorum for organic law
Quorum for other decisions of Parliament
Quorum for constitutional agreement
Art 45 - Formal requirements
Art 45 - Other
Art 46 - All
Submission of a law to the President
Signing and promulgation of a law
Return a law with remarks
Adoption of the remarks and promulgation
Rejecting remarks overcome veto
Signing and Promulgation of Constitutional law
Sign and promulgate a law by Chairperson of Parliament
Regular timeframe of a law entering into force
Art 46 - Formal requirements
Art 46 - Other
Art 47 - All
Ratification of international treaties
Denounciation and annulment of international treaties
Mandatory ratification of international treaties
Inadmissibility of the ratification of international treaties
Art 47 - Formal requirements
Art 47 - Other
Art 48 - All
Grounds for impeachment
Persons subject to impeachment
Initiate impeachment proceedings
referring an impeachment case to the Constitutional Court
The conclusion of the Constitutional Court
Voting for impeachment
Voting for impeachment and quorum
Inadmissibility of initiating an impeachment
Restriction to remove from the office in other manner besides impeachment
Restriction of the impeachment of the President
Art 48 - Formal requirements
Art 48 - Other
Art 49 - All
Status of the President
President is the Supreme Commander-in-Chief of the Defence Forces
President shall represent Georgia in foreign relations.
Art 49 - Other
Art 50 - All
Tenure of the President
Reelection of the President
Requirements for Presidency
Composition of the Electoral College
Place and rule of Presidential election
Time of Presidential election
Decision on the time of the presidential election
Art 50 - Formal requirements
Art 50 - Other
Art 51 - All
Oath of office
Termination of the term of office of the President
Presidential Immunity
Activities incompatible with performing Presidential functions
Temporarily holding power and duty of the President
Art 51 - Formal requirements
Art 51 - Other
Art 52 - All
Power: Representative power in foreign relations
Power: Conclude a constitutional agreement
Power: Call the elections
Power: Participate in the appointment of public officials
Power: Citizenship issues
Power: Pardon convicts
Power: Restrictions on the representative body of a territorial unit
Power: Other powers determined by the Constitution
Right to call a referendum
Right to address the people
President's Annual Report to the Parliament
Art 52 - Formal requirements
Art 52 - Other
Art 53 - All
Countersignature and legal consequences
Legal acts which do not require countersignature
Art 53 - Formal requirement
Art 53 - Other
Art 54 - All
Status of the Government
Accountability and responsibility to the Parliament
Composition of the Government
Establishment of a Ministry
Minister of State
Activities incompatible with performing Ministerial functions
State representative-governors and the powers of a state representative-governor
Determination of structure and the procedure for the activity of the Government
Art 54 - Formal requirements
Art 54 - Other
Art 55 - All
Status of the Prime Minister
Power: coordinate and control the activities of the Government
Power: Sign legal acts of the Government
Power: Representation in foreign relations
Power: Conclude international treaties
Power: Appoint and dismiss ministers
Power: Assign the duties of the first Vice Prime Minister
Accountability of the Prime Minister
Prime Minister's report and annual report
Art 55 - Other
Art 56 - All
Relinquish authority of Government
Resignation or termination of the Prime Minister's power
Vote of confidence
Length of terms and quorum for vote of confidence
Dissolution of parliament
The appointment of the prime minister
Art 56 - Other
Art 57 - All
Hold a vote of no confidence
Length of terms and quorum for vote of no confidence
vote of confidence in a new Government
Inadmissibility to propose a vote of no confidence
Art 57 - Formal requirements
Art 57 - Other
Art 58 - All
Right of the Prime Minister to an issue of confidence in the Government
Length of terms of issue of confidence
Voting against a vote of confidence and vote of confidence in the new Government
Voting against a vote of confidence and dissolution of parliament
Art 58 - Other
Art 59 - All
Judicial independence and structure
Status and competence of the Constitutional Court
Status and competence of common courts
Specialized courts
Military court
Juries
Prohibition of the creation of extraordinary courts
Art 59 - Formal requirements
Art 59 - Other
Art 60 - All
Compositon of the Constitutional Court
Appointment of a Judge to the Constitutional Court
Tenure of a Judge of the Constitutional Court
Chairperson of the Constitutional Court
Powers of the Constitutional Court
Legal effects of the decisions of the Constitutional Court
Restriction to declear unconstitutional legal norms regulating elections
Art 60 - Formal requirements
Art 60 - Other
Art 61 - All
Status of the Supreme Court
Composition of the Supreme Court
Appointment of a judge to the Supreme Court
Tenure of a Judge of the Supreme Court
Chairperson of the Supreme Court
Art 61 - Formal requirements
Art 61 - Other
Art 62 - All
Award a judgment on behalf of Georgia
Obligation to comply with a court judgment
Punishability of interference with the execution of a court judgment
Annull, change or suspend Court's judgment
Releasing from a sentence and commuting the unserved part of a sentence
Public hearings and closed hearing
Public announcement of a judgement
Official language of legal proceedings
Equality of arms and the adversarial process
Art 62 - Formal requirements
Art 62 - Other
Art 63 - All
Protection of the independence of a judge
Judicial immunity
Security of a judge
Activities incompatible with Judicial functions
Removal of a judge from consideration of a case
Dismissal or transfer of a judge to another position
Age, education and experience of a judge
Additional qualification requirements for a judge
Tenure of Judge
Appointment procedures of a judge
Art 63 - Formal requirements
Art 63 - Other
Art 64 - All
Status and competence of the High Council of Justice
Composition of the High Council of Justice
Selection of members of the High Council of Justice
The Chairperson of the High Council of Justice
Accountability of the High Council of Justice
Art 64 - Formal requirements
Art 64 - Other
Art 65 - All
Independence of the prosecution
Election and Tenure of General Prosecutor
The Prosecutors’ Council and the Chairperson of the Prosecutors’ Council
Annual reports of The Prosecutor’s Office
Art 65 - Formal requirements
Art 65 - Other
Art 66 - All
The Parliament shall annually adopt the Law on the State Budget
Present a draft State Budget
Ammendments to the law on the State Budget
Refusal to adopt State Budget
Funds allocated for the Parliament
Signature, promulgation and the remarks of the President
The procedures for drafting and adopting the State Budget
Art 66 - Formal requirements
Art 66 - Other
Art 67 - All
Mandatory payment of taxes and fees
Tax control
Economic policy
Art 67 - Formal requirements
Art 67 - Other
Art 68 - All
Competence of the National Bank
The Board of the National Bank
Independence and accountability of the National Bank
Money emission
Art 68 - Formal requirements
Art 68 - Other
Art 69 - All
Competence of the State Audit Office
General Auditor
Independence of the State Audit Office
Accountability of the State Audit Office
Control of public funds
Art 69 - Formal requirements
Art 69 - Other
Art 70 - All
Right to defensive war
Duty to defend Georgia
The rule of military service
Right to have Defence Forces
Approval of types, composition and quantity of the Defence Forces
Merging of bodies responsible for state and public security with the Defence Forces
Officials who determine act of the Defence Forces
Art 70 - Formal requirements
Art 70 - Other
Art 71 - All
Declare martial law and sign a truce
Declare a state of emergency
Issue and approve decree
Restriction of a right by decree
General elections held during a state of emergency or martial law
Art 71 - Formal requirements
Art 71 - Other
Art 72 - All
Decision on the use of the Defence Forces during martial law
Decision on the use of the Defence Forces during state of emergency
Decisions on the use of the Defence Forces in order to meet the country’s international obligations
Decisions on the use of the Defence Forces in special cases
Quorum for Parliament's decisions on the use of the Defence Forces
Art 72 - Formal requirements
Art 72 - Other
Art 73 - All
Composition and length of terms of the National Defence Council
Procedure for the activity of the National Defence Council
Art 73 - Formal requirements
Art 73 - Other
Art 74 - All
Regulate issues of local importance through local self-government
Election of executive bodies
Election of representative bodies
Status and boundaries of self-governing unit
Art 74 - Formal requirements
Art 74 - Other
Art 75 - All
Separation of powers of the state authorities and the self-governing unit
Powers of self-governing unit
Exercise powers by self-governing unit
Delegate powers to a self-governing unit
Legal supervision over the activities of a self-governing unit
Art 75 - Formal requirements
Art 75 - Other
Art 76 - All
Property and finances of self-governing unit
State authorities decision on issues related to local self-government
Binding decision made by the bodies of local self-government
Art 76 - Formal requirements
Art 76 - Other
Art 77 - All
Submit a draft constitutional law
Nation-wide public discussions
Adoption of a constitutional law
Submission of Constitution law for signature
Constitutional law related to the restoration of territorial integrity
Promulgate a constitutional law
Deliberations on a draft constitutional law in case of the declaration of a state of emergency or martial law
Art 77 - Formal requirements
Art 77 - Other
Art 78 - All
Obligation of the constitutional bodies
Art 78 - Other
Interpreted Provisions
...
all
Preamble
Georgia is an independent, unified and indivisible state
Territorial integrity of Georgia and the inviolability of the state border
Art 1 - Other
Name of the state of Georgia
The Capital of Georgia
Official Language of Georgia
The State Flag, the Coat of Arms, and the Anthem of Georgia
Art 2 - Formal requirements
Art 2 - Other
Georgia is a democratic republic
People are the source of state authority
Representive and direct democracy
No one shall have the right to seize power
Prohibition on the extention of the term of an elected body
The principles of the activites of political parties
Art 3 - Other
Georgia is a legal state
The State acknowledges and protects universally recognized human rights
Direct applicability of human rights
Universally recognized human rights that are not reffered to in the Constitution
Exercising the state authority based on the principle of the separation of power
State authority shall be exercised within the ambit of the Constitution and law
Constitution of Georgia as the supreme law and hierarchy of other normative acts
Normative effect of the international treaties of Georgia
Art 4 - Other
Georgia is a social state
Strengthening of the principles of social justice, social equality and social solidarity
Strengthening of the principles of social justice, social equality and social solidarity
Equitable Socio-Economic and demographic development in the entire territory of the country
Special conditions for the development of high mountain regions
Environmental protection and the rational use of natural resources
Protection of national values, identity and cultural heritage
Development of education, science and culture
Development of sports, establishing a healthy lifestyle
Maintaining connections with the homeland for Georgian compatriots residing abroad
Art 5 - Other
Economic freedom is recognized and guaranteed
Developing a free and open economy, and free enterprise and competition
Prohibition of abolishing the universal right to private property
Art 6 - Other
Exclusive competences of the supreme state authorities of Georgia
Terms of exercising the powers of the Autonomous Republic of Abkhazia and the Autonomous Republic of Ajara
Revision of the state territorial arrangement of Georgia
Regulating affairs of local importance through local self-government
The separation of the powers of state authority and self-governing units
Financial resources of self-governing units and their relation with the powers
Exclusive economic zone of Anaklia and establishment of other counterparts
Art 7 - Other
Recognizing the outstanding role of the Orthodox Church of Georgia
Relationship between the state of Georgia and the Orthodox Church and the Constitutional Agreement
Compliance of the Constitutional Agreement with principles of International Law
Art 8 - Other
Art 9 - All
Inviolability of human dignity
Prohibition of torture
Inhuman or degrading treatment
Inhuman or degrading punishment
Proportionality of punishment
Art 9 - Formal requirements
Art 9 - Other
Art 10 - All
Right to life
Prohibition of death penalty
Physical integrity of a person
Art 10 - Formal requirements
Art 10 - Others
Art 11 - All
Equality before the law
Right of citizens to maintain and develop their culture, and use their mother tongue
Special measures
Level of Scrutiny: Strict scrutiny
Level of Scrutiny: Rational basis review
Level of Scrutiny: Other
Ground: Gender/Sex
Ground: Race
Ground: Colour
Ground: Origin
Ground: Ethnicity
Ground: Language
Ground: Religion
Ground: Political or other views
Ground: Social affiliation
Ground: Property or titular status
Ground: Place of residence
Ground: Other grounds
Art 11 - Formal requirements
Art 11 - Other
Art 12 - All
Free personal development
Art 12 - Formal requirements
Art. 12 - Other
Art 13 - All
Protection of Human liberty
Deprivation of liberty
Other restrictions on liberty
Arrast of a person
Arrestee shall be brought before a court
Rights of arrested person
Pre-trial detention
Detention period for accused person
Engagement of a court
Standards of Proof
Right to compensation
Art 13 - Formal requirements
Art 13 - Other
Art 14 - All
Freedom of movement
Choosing a place of residance
Leaving the country
Entering to the country
Art 14 - Formal requirements
Art 14 - Other
Art 15 - All
Right to personal and family privacy
Right to personal space and privacy of communication
Entering the residence/other possessions
Conducting a search
urgent necessity
Judicial control
Art 15 - Formal requirements
Art 15 - Other
Art 16 - All
freedom of belief, religion and conscience
Manifestation of belief/religion
Persecution of a person because of his/her belief, religion and conscience
Coercion into expressing opinion
Art. 16 - Other
Art 17 - All
Opinion and the expression of opinion
Persecution of a person because of his/her opinion
Right to receive and impart information
Freedom of mass media
Inadmissibility of censorship
Prohibition to monopolize mass media or the means of dissemination of information
Right to access/use internet
Independence of the public broadcaster
Independence of the national regulatory body
Art 17 - Formal requirements
Art. 17 - Other
Art 18 - All
interference (freedom of expression)
Access to public information
Familiarize with information about him/her
Other information or an official document
Protection of personal data in official records
Right to a fair hearing by an administrative body
Right to a hearing within a reasonable time
Full compensation for damage unlawfully inflicted by the State
Art 18 - Formal requirements
Art 18 - Other
Art 19 - All
Right to property
Right to inherit property
Restriction of right to property
Legitimate expectations for protection of property
Expropriation of property
Court decision
Fair compensation
Agricultural land
Art 19 - Formal requirements
Art 19 - Other
Art 20 - All
Freedom of creativity
Right to intellectual property
Inadmissibility of interference in the creative process and censorship
Dissemination of a creative work
Right to take care of protecting cultural heritage
Art 20 - Formal requirements
Art 20 - Other
Art 21 - All
Freedom of assembly
Subjects of the right
Prior notification
Termination of the assembly
Art 21 - Formal requirements
Art 21 - Other
Art 22 - All
Protection of freedom of association
Dissolvement of association by a court decision
Dissolvement of association by its own
Art 22 - Formal requirements
Art 22 - Other
Art 23 - All
Right to form a political party
Participate in political party's activities
Incompatibility of Political party membership
Inadmissibility of the establishment and activity of a political party
Prohibition of a political party by decision of the constitutional court
Art 23 - Formal requirement
Art 23 - Other
Art 24 - All
Active voting right
Passive voting right
Equality within voting right
Right to participate in a referendum
Free expression of the will of a voter
Electoral right of a sentenced person
Electoral right of the beneficiary of support
Art 24 - Formal requirements
Art 24 - Other
Art 25 - All
Right to hold public office
Terms of civil service
Restriction to hold the office of the President, the Prime Minister and the Chairperson of the Parliament of Georgia
Art 25 - Formal requirements
Art 25 - Other
Art 26 - All
Freedom of labour
Right to freely choose employment
Right to safe working conditions
Right to strike
Right to establish and join trade unions
Other labour rights
Consumer rights
Freedom of enterprise
Prohibition of monopolistic activities
Art 26 - Formal requirement
Art 26 - Other
Art 27 - All
Right to receive and to choose the form of education
Pre-school education
Compulsoriness of elementary and basic education
General education
Vocational and higher education
Academic freedom
Autonomy of higher educational institutions
Art 27 - Formal requirements
Art 27 - Other
Art 28 - All
Right to affordable and quality health care
Quality of health care institutions and medical services
Regulating the production and circulation of pharmaceuticals
Art 28 - Formal requirements
Art 28 - Other
Art 29 - All
Right to live in a healthy environment
Right to enjoy the natural environment and public space
Right to receive full information about the state of the environment
Right to care for the protection of the environment
Right to participate in the adoption of decisions related to the environment
Environmental protection and the rational use of natural resources
Art 29 - Formal requirements
Art 29 - Other
Art 30 - All
Right to marry
Marriage shall be based on the free will of spouses
Marriage shall be based on equality of rights of spouses
Rights of mothers
Rights of children
Art 30 - Formal requirements
Art 30 - Other
Art 31 - All
Apply to a court, right to a fair and timely trial
Fair Trial: Right to appeal
Fair Trial: Right to oral hearing
Fair Trial: Right to decision within a reasonable time
Fair Trial: Right to adversarial proceedings and principle of equality of arms
Fair Trial: Newly discovered circumstances
Judicial jurisdiction
Right of defence
Exercise of the rights of a lawyer And lawyers self-organisation
Interrogation of witnesses under the same conditions
Burden of proof
Accuse for trial shall be based on a reasonable belief
Judgment of conviction shall be based on incontrovertible evidence
Resolving suspicion in defendant’s favour
Prohibition of conviction again for the same crime
Foreseeability of the law establishing criminal responsibility
Individualization of guilt
Prohibition of retroactivity
Using retroactive force to reduce or abrogate responsibility
Legal force of Evidence obtained in violation of the law
Self-incrimination
Testify against relatives
Art 31 - Formal requirements
Art 31 - Other
Art 32 - All
Protection of citizens
Acquisition of citizenship
Procedures for acquiring, losing and granting citizenship to a foreign citizen
Inadmissibility of deprivation of citizenship and expulsion of a citizen
Transfer of a citizen to a foreign state
Art 32 - Formal requirements
Art 32 - Other
Art 33 - All
Equality of Citizens of other states, stateless persons living in Georgia and citizens of Georgia
Restrictions on the political activities of citizens of other states and stateless persons
Grant asylum to citizens of other states and stateless persons
Terms of expulsion or extradition of persons
Art 33 - Formal requirements
Art 33 - Other
Art 34 - All
Application of fundamental human rights to natural and legal persons
Prohibition of exercise fundamental human rights to violate the rights of others
Proportionality of restriction on right
Art 34 - Other
Art 35 - All
Constitutional competence of the Public Defender
Election of the Public Defender
Punishability of hindering the activities of the Public Defender
Immunity for the Public Defender
The powers of the Public Defender
Art 35 - Formal requirements
Art 35 - Other
Art 36 - All
The Parliament of Georgia is the supreme representative body
Defining the main directions of the country’s domestic and foreign policies
Control of the activities of the Government
The Rules of Procedure of the Parliament and rules of adoption of the Rules of Procedure of the Parliament
The force of law of the Rules of Procedure
Art 36 - Formal requirements
Art 36 - Other
Art 37 - All
Composition of the Parliament
Principle of formation of the Parliament
Tenure of the legislature
Number of members of the Parliament
Regular election of the Parliament
Qualifications for membership of the parliament
Right to participate in the Parliamentary Elections
Distribution of mandates
Art 37 - Formal requirements
Art 37 - Other
Art 38 - All
Holding the first meeting of the Parliament
Quorum for start working of the Parliament
Acknowledgement of the power of members of the Parliament
Termination of the powers of the previous Parliament
Art 38 - Other
Art 39 - All
Parliament member status and free mandate
Parliamentary Immunity
Parliamentary Indemnity
Exercise of parliamentary activities without interference
Incompatibility of the activities of a member of the Parliament
Early termination of the powers of a Member of the Parliament
Art 39 - Formal requirements
Art 39 - Other
Art 40 - All
Electing the chairperson of the Parliament
Power of the chairperson of the Parliament
Deputy chairpersons of the Parliament
Art 40 - Formal requirement
Art 40 - Other
Art 41 - All
Parliamentary Bureau and its composition
Parliamentary committees
Joining a Parliamentary faction
Minimal number of faction members
Procedures for the forming and activity of factions
Art 41 - Formal requirements
Art 41 - Other
Art 42 - All
Creating Investigative or other temporary commissions
Composition of the commission
Obligation to assist the investigative commission
Art 42 - Formal requirements
Art 42 - Other
Art 43 - All
Reffer with a question to the Government
Obligation to provide a response to a question
Right to pose a question through interpellation
Parliamentary deliberation of the response
Art 43 - Other
Art 44 - All
Regular sessions of the Parliament
Extraordinary sessions of the Parliament
Emergency session
Publicity of Parliamentary sittings
Declaring of a sitting or part of a sitting closed
Open and secret voting
Public official's obligation to attend sittings of the Parliament
Art 44 - Formal requirements
Art 44 - Other
Art 45 - All
Right of legislative initiative
Discuss a draft law submitted by the Government at its request in an extraordinary sitting
Quorum for general law
Quorum for organic law
Quorum for other decisions of Parliament
Quorum for constitutional agreement
Art 45 - Formal requirements
Art 45 - Other
Art 46 - All
Submission of a law to the President
Signing and promulgation of a law
Return a law with remarks
Adoption of the remarks and promulgation
Rejecting remarks overcome veto
Signing and Promulgation of Constitutional law
Sign and promulgate a law by Chairperson of Parliament
Regular timeframe of a law entering into force
Art 46 - Formal requirements
Art 46 - Other
Art 47 - All
Ratification of international treaties
Denounciation and annulment of international treaties
Mandatory ratification of international treaties
Inadmissibility of the ratification of international treaties
Art 47 - Formal requirements
Art 47 - Other
Art 48 - All
Grounds for impeachment
Persons subject to impeachment
Initiate impeachment proceedings
referring an impeachment case to the Constitutional Court
The conclusion of the Constitutional Court
Voting for impeachment
Voting for impeachment and quorum
Inadmissibility of initiating an impeachment
Restriction to remove from the office in other manner besides impeachment
Restriction of the impeachment of the President
Art 48 - Formal requirements
Art 48 - Other
Art 49 - All
Status of the President
President is the Supreme Commander-in-Chief of the Defence Forces
President shall represent Georgia in foreign relations.
Art 49 - Other
Art 50 - All
Tenure of the President
Reelection of the President
Requirements for Presidency
Composition of the Electoral College
Place and rule of Presidential election
Time of Presidential election
Decision on the time of the presidential election
Art 50 - Formal requirements
Art 50 - Other
Art 51 - All
Oath of office
Termination of the term of office of the President
Presidential Immunity
Activities incompatible with performing Presidential functions
Temporarily holding power and duty of the President
Art 51 - Formal requirements
Art 51 - Other
Art 52 - All
Power: Representative power in foreign relations
Power: Conclude a constitutional agreement
Power: Call the elections
Power: Participate in the appointment of public officials
Power: Citizenship issues
Power: Pardon convicts
Power: Restrictions on the representative body of a territorial unit
Power: Other powers determined by the Constitution
Right to call a referendum
Right to address the people
President's Annual Report to the Parliament
Art 52 - Formal requirements
Art 52 - Other
Art 53 - All
Countersignature and legal consequences
Legal acts which do not require countersignature
Art 53 - Formal requirement
Art 53 - Other
Art 54 - All
Status of the Government
Accountability and responsibility to the Parliament
Composition of the Government
Establishment of a Ministry
Minister of State
Activities incompatible with performing Ministerial functions
State representative-governors and the powers of a state representative-governor
Determination of structure and the procedure for the activity of the Government
Art 54 - Formal requirements
Art 54 - Other
Art 55 - All
Status of the Prime Minister
Power: coordinate and control the activities of the Government
Power: Sign legal acts of the Government
Power: Representation in foreign relations
Power: Conclude international treaties
Power: Appoint and dismiss ministers
Power: Assign the duties of the first Vice Prime Minister
Accountability of the Prime Minister
Prime Minister's report and annual report
Art 55 - Other
Art 56 - All
Relinquish authority of Government
Resignation or termination of the Prime Minister's power
Vote of confidence
Length of terms and quorum for vote of confidence
Dissolution of parliament
The appointment of the prime minister
Art 56 - Other
Art 57 - All
Hold a vote of no confidence
Length of terms and quorum for vote of no confidence
vote of confidence in a new Government
Inadmissibility to propose a vote of no confidence
Art 57 - Formal requirements
Art 57 - Other
Art 58 - All
Right of the Prime Minister to an issue of confidence in the Government
Length of terms of issue of confidence
Voting against a vote of confidence and vote of confidence in the new Government
Voting against a vote of confidence and dissolution of parliament
Art 58 - Other
Art 59 - All
Judicial independence and structure
Status and competence of the Constitutional Court
Status and competence of common courts
Specialized courts
Military court
Juries
Prohibition of the creation of extraordinary courts
Art 59 - Formal requirements
Art 59 - Other
Art 60 - All
Compositon of the Constitutional Court
Appointment of a Judge to the Constitutional Court
Tenure of a Judge of the Constitutional Court
Chairperson of the Constitutional Court
Powers of the Constitutional Court
Legal effects of the decisions of the Constitutional Court
Restriction to declear unconstitutional legal norms regulating elections
Art 60 - Formal requirements
Art 60 - Other
Art 61 - All
Status of the Supreme Court
Composition of the Supreme Court
Appointment of a judge to the Supreme Court
Tenure of a Judge of the Supreme Court
Chairperson of the Supreme Court
Art 61 - Formal requirements
Art 61 - Other
Art 62 - All
Award a judgment on behalf of Georgia
Obligation to comply with a court judgment
Punishability of interference with the execution of a court judgment
Annull, change or suspend Court's judgment
Releasing from a sentence and commuting the unserved part of a sentence
Public hearings and closed hearing
Public announcement of a judgement
Official language of legal proceedings
Equality of arms and the adversarial process
Art 62 - Formal requirements
Art 62 - Other
Art 63 - All
Protection of the independence of a judge
Judicial immunity
Security of a judge
Activities incompatible with Judicial functions
Removal of a judge from consideration of a case
Dismissal or transfer of a judge to another position
Age, education and experience of a judge
Additional qualification requirements for a judge
Tenure of Judge
Appointment procedures of a judge
Art 63 - Formal requirements
Art 63 - Other
Art 64 - All
Status and competence of the High Council of Justice
Composition of the High Council of Justice
Selection of members of the High Council of Justice
The Chairperson of the High Council of Justice
Accountability of the High Council of Justice
Art 64 - Formal requirements
Art 64 - Other
Art 65 - All
Independence of the prosecution
Election and Tenure of General Prosecutor
The Prosecutors’ Council and the Chairperson of the Prosecutors’ Council
Annual reports of The Prosecutor’s Office
Art 65 - Formal requirements
Art 65 - Other
Art 66 - All
The Parliament shall annually adopt the Law on the State Budget
Present a draft State Budget
Ammendments to the law on the State Budget
Refusal to adopt State Budget
Funds allocated for the Parliament
Signature, promulgation and the remarks of the President
The procedures for drafting and adopting the State Budget
Art 66 - Formal requirements
Art 66 - Other
Art 67 - All
Mandatory payment of taxes and fees
Tax control
Economic policy
Art 67 - Formal requirements
Art 67 - Other
Art 68 - All
Competence of the National Bank
The Board of the National Bank
Independence and accountability of the National Bank
Money emission
Art 68 - Formal requirements
Art 68 - Other
Art 69 - All
Competence of the State Audit Office
General Auditor
Independence of the State Audit Office
Accountability of the State Audit Office
Control of public funds
Art 69 - Formal requirements
Art 69 - Other
Art 70 - All
Right to defensive war
Duty to defend Georgia
The rule of military service
Right to have Defence Forces
Approval of types, composition and quantity of the Defence Forces
Merging of bodies responsible for state and public security with the Defence Forces
Officials who determine act of the Defence Forces
Art 70 - Formal requirements
Art 70 - Other
Art 71 - All
Declare martial law and sign a truce
Declare a state of emergency
Issue and approve decree
Restriction of a right by decree
General elections held during a state of emergency or martial law
Art 71 - Formal requirements
Art 71 - Other
Art 72 - All
Decision on the use of the Defence Forces during martial law
Decision on the use of the Defence Forces during state of emergency
Decisions on the use of the Defence Forces in order to meet the country’s international obligations
Decisions on the use of the Defence Forces in special cases
Quorum for Parliament's decisions on the use of the Defence Forces
Art 72 - Formal requirements
Art 72 - Other
Art 73 - All
Composition and length of terms of the National Defence Council
Procedure for the activity of the National Defence Council
Art 73 - Formal requirements
Art 73 - Other
Art 74 - All
Regulate issues of local importance through local self-government
Election of executive bodies
Election of representative bodies
Status and boundaries of self-governing unit
Art 74 - Formal requirements
Art 74 - Other
Art 75 - All
Separation of powers of the state authorities and the self-governing unit
Powers of self-governing unit
Exercise powers by self-governing unit
Delegate powers to a self-governing unit
Legal supervision over the activities of a self-governing unit
Art 75 - Formal requirements
Art 75 - Other
Art 76 - All
Property and finances of self-governing unit
State authorities decision on issues related to local self-government
Binding decision made by the bodies of local self-government
Art 76 - Formal requirements
Art 76 - Other
Art 77 - All
Submit a draft constitutional law
Nation-wide public discussions
Adoption of a constitutional law
Submission of Constitution law for signature
Constitutional law related to the restoration of territorial integrity
Promulgate a constitutional law
Deliberations on a draft constitutional law in case of the declaration of a state of emergency or martial law
Art 77 - Formal requirements
Art 77 - Other
Art 78 - All
Obligation of the constitutional bodies
Art 78 - Other
Respondent
all
Ministry of Justice of Georgia
National Agency of Public Registry of Ministry of Justice of Georgia
Parliament of Georgia
Sakartvelos Patriotta Aliansi
Government of Georgia
Ministry of Labor, Health and Social Affairs of Georgia
Sakartvelos Uzenaesi Sasamartlo
Ministry of Corrections and Probation of Georgia
City Court of Georgia
Ministry of Finance
President of Georgia
Ministry of Justice 1
Aaip Mokalaketa Politikuri Gaertianeba Ertiani Natsionaluri Modzraoba
Georgian National Energy and Water Supply Regulatory Commission
Supreme Council of the Autonomous Republic of Adjara
Supreme Court of Georgia
Sakartvelos Sakhelmtsifo Konebis Martvis Saministro
Ministry of Finance of Georgia
Sakartvelos Prezidentis Sakhelmtsifo Rtsmunebuli
Sakartvelos Ganatlebis Saministro
Nationa Bank of Georgia
City Hall of Tbilisi
K. Tbilisis Sakhelmtsifo Konebis Martvis Departamenti
State Audit Office of Georgia
Ministry of Internal Affairs of Georgia
Election Administration of Georgia
Sakartvelos Sagareo Sakmeta Saministro
Ministry of Tax Income of Georgia
Ministry of Transport and Communications of Georgia
Ministry of Finance 1
National Regulatory Commission of Energy of Georgia
Parliament of the Autonomous Republic of Adjara
Head of the Autonomous Republic of Adjara
Acharis Avtonomiuri Respublikis Mtavroba
Administration of Civil Aviation of Georgia
Ministry of Energy 1
Georgian National Communications Commission
Tbilisi City Assembly 1
Ministry of Energy of Georgia
Mayor of Batumi
Batumi City Assembly
Ministry of Education, Science, Culture and Sport of Georgia
Ministry of Environment and Natural Resources Protection of Georgia
Head of the National Enviromental Agency of Georgia
Prime Minister of Georgia
Ministry of Defense of Georgia
Ministry of Internal Affairs of Georgia 1
Supreme Council of the Autonomous Republic of Adjara 1
Head of the Supreme Council of the Autonomous Republic of Adjara
Ministry of Internally Displaced Persons From the Occupied Territories, Labor, Health and Social Affairs of Georgia
Ministry of Internally Displaced Persons From the Occupied Territories, Labor, Health and Social Affairs of Georgia 1
Tbilisi City Assembly
High Council of Justice of Georgia
Ministry of Economy and Sustainable Development 1
Ministry of Justice
Ministry of Economy and Sustainable Development
Local Government of Baghdadi City
Zugdidis Munitsipalitetis Meria
Zugdidis Munitsipalitetis Sakrebulo
Zugdidis Raionuli Sasamartlo
Sakartvelos Erovnuli Bankis Prezidenti
Sakhelmtsifo Shesqidvebis Saagentos Tavmjdomare
Sakartvelos Ganatlebis, Metsnierebis, Kulturisa Da Sportis Ministri
Akreditatsiis Ertiani Erovnuli Organos Akreditatsiis Tsentris Generaluri Direktori
Sajaro Samartlis Iuridiuli Piri Tsiaghis Erovnuli Saagento
Sakartvelos Shinagan Sakmeta Saministros Sapatrulo Politsiis Departamentis Samegrelo-zemo Svanetis Mtavari Sammartvelo
Ssip "aghsrulebis Erovnuli Biuro"
Ambrolauris Munitsipalitetis Sakrebulo
Vanis Munitsipalitetis Sakrebulo
Tetritsqaros Munitsipalitetis Sakrebulo
Khonis Munitsipalitetis Sakrebulo
Samtrediis Munitsipalitetis Sakrebulo
Senakis Munitsipalitetis Sakrebulo
Sagarejos Munitsipalitetis Sakrebulo
Kutaisis Munitsipalitetis Sakrebulo
Rustavis Munitsipalitetis Sakrebulo
Martvilis Munitsipalitetis Sakrebulo
Ozurgetis Munitsipalitetis Sakrebulo
N20 Rustavis Saolko Saarchevno Komisia
Sakartvelos Ganatlebisa Da Metsnierebis Ministri
Ssip Sakartvelos Advokatta Asotsiatsia
Sakartvelos Iustitsiis Umaghlesi Skola
Ssip - Ivane Javakhishvilis Sakhelobis Tbilisis Sakhelmtsifo Universitetis Akademiuri Sabcho
Sakartvelos Kulturis, Sportisa Da Akhalgazrdobis Saministro
Iustitsiis Umaghlesi Skolis Damoukidebeli Sabcho
Akhalkalakis Munitsipalitetis Sakrebuli
Adigenis Munitsipalitetis Sakrebulo
Marneulis Munitsipalitetis Sakrebulo
Sakartvelos Parlamentis Tavmjdomare
Sakartvelos Kulturis, Sportisa Da Akhalgazrdobis Ministri
Outcome
all
...
Complaint was uphold
Complaint was uphold partially
Complaint was not uphold
Admitted for consideration on merits
Admitted for consideration on merits partially
Was not admitted for consideration on merits
Operation of the disputed provision was suspended
Disputed provision was declared unconstitutional on the preliminary hearing
The case was referred to the Plenum for consideration
The case was terminated
The case was partially terminated
The Plenum admitted the complaint for the consideration on merits
The Plenum did not admit the complaint for the consideration on merits
The case was referred to the Chamber for consideration
Basis of inadmissibility for consideration on merits: content-wise problem of the disputed provision
Basis of inadmissibility for consideration on merits: the problem of the relation with the Constitutional provision
Basis of inadmissibility for consideration on merits: other problem of reasoning
Basis of inadmissibility for consideration on merits: unauthorized subject
Basis of inadmissibility for consideration on merits: the problem of jurisdiction
Basis of inadmissibility for consideration on merits: the issue has already been adjudicated
Basis of inadmissibility for consideration on merits: the issue is not governed by the Constitution
Basis of inadmissibility for consideration on merits: the time-limit has been violated
Basis of inadmissibility for consideration on merits: the problem of subsidiarity
Dissent Opinion
Yes
No
Concuring Opinion
Yes
No
Chamber/Plenum
all
Plenum
I Chabmer
II Chamber
Judge
all
Avtandil Demetrashvili
Gia Mefarishvili
Otar Benidze
Avtandil Abashidze
Iakob Futkaradze
Nikoloz Shashkini
Nikoloz Cherkezishvili
Lamara Chorgolashvili
Zaur Jinjolava
Besarion Zoidze
Joni Khetsuriani
Vakhtang Gvaramia
Giorgi Papuashvili
Konstantine Vardzelashvili
Besik Loladze
Ketevan Eremadze
Otar Sichinava
Lali Fafiashvili
Maia Kopaleishvili
Zaza Tavadze
Tamaz Tsabutashvili
Merab Turava
Irine Imerlishvili
Giorgi Kverenchkhiladze
Teimuraz Tughushi
Manana Kobakhidze
Eva Gotsiridze
Khvicha Kikilashvili
Vasil Roinishvili
Giorgi Tevdorashvili
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Public Defender of Georgia vs. the Parliament of Georgia
Judgment | N1/2/434 | 27 August 2009 |
I Chabmer
: Besarion Zoidze, Vakhtang Gvaramia, Konstantine Vardzelashvili, Ketevan Eremadze. Respondent: Parliament of Georgia. Outcome: Complaint was uphold
Dissent Opinion | do1/2/434 | 27 August 2009 |
I Chabmer
: , . Respondent:
Search Parameters:
Document ID:1/2/434;
Name
Document Type
Document ID
Date
Chamber/Plenum
Judge
Outcome
Public Defender of Georgia vs. the Parliament of Georgia
Judgment
N1/2/434
27 August 2009
Judgment
Besarion Zoidze, Vakhtang Gvaramia, Konstantine Vardzelashvili, Ketevan Eremadze.
Complaint was uphold
null
Dissent Opinion
do1/2/434
27 August 2009
Dissent Opinion
, .
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Preamble
Preamble
Art 1. State sovereignty
Georgia is an independent, unified and indivisible state
Territorial integrity of Georgia and the inviolability of the state border
Art 1 - Other
Art 2. State symbols
Name of the state of Georgia
The Capital of Georgia
Official Language of Georgia
The State Flag, the Coat of Arms, and the Anthem of Georgia
Art 2 - Formal requirements
Art 2 - Other
Art 3. Democracy
Georgia is a democratic republic
People are the source of state authority
Representive and direct democracy
No one shall have the right to seize power
Prohibition on the extention of the term of an elected body
The principles of the activites of political parties
Art 3 - Other
Art. 4 Legal state
Georgia is a legal state
The State acknowledges and protects universally recognized human rights
Direct applicability of human rights
Universally recognized human rights that are not reffered to in the Constitution
Exercising the state authority based on the principle of the separation of power
State authority shall be exercised within the ambit of the Constitution and law
Constitution of Georgia as the supreme law and hierarchy of other normative acts
Normative effect of the international treaties of Georgia
Art 4 - Other
Art. 5 Social state
Georgia is a social state
Strengthening of the principles of social justice, social equality and social solidarity
Equitable Socio-Economic and demographic development in the entire territory of the country
Special conditions for the development of high mountain regions
Environmental protection and the rational use of natural resources
Protection of national values, identity and cultural heritage
Development of education, science and culture
Development of sports, establishing a healthy lifestyle
Maintaining connections with the homeland for Georgian compatriots residing abroad
Art 5 - Other
Art. 6 Economic freedom
Economic freedom is recognized and guaranteed
Developing a free and open economy, and free enterprise and competition
Prohibition of abolishing the universal right to private property
Art 6 - Other
Art 7. Teritorial arranmgment
Exclusive competences of the supreme state authorities of Georgia
Terms of exercising the powers of the Autonomous Republic of Abkhazia and the Autonomous Republic of Ajara
Revision of the state territorial arrangement of Georgia
Regulating affairs of local importance through local self-government
The separation of the powers of state authority and self-governing units
Financial resources of self-governing units and their relation with the powers
Exclusive economic zone of Anaklia and establishment of other counterparts
Art 7 - Other
Art 8. Relation between the State and the Church
Recognizing the outstanding role of the Orthodox Church of Georgia
Relationship between the state of Georgia and the Orthodox Church and the Constitutional Agreement
Compliance of the Constitutional Agreement with principles of International Law
Art 8 - Other
Art 9. Human Dignity
Art 9 - All
Inviolability of human dignity
Prohibition of torture
Inhuman or degrading treatment
Inhuman or degrading punishment
Proportionality of punishment
Art 9 - Formal requirements
Art 9 - Other
Art 10. Life and physical integrity
Art 10 - All
Right to life
Prohibition of death penalty
Physical integrity of a person
Art 10 - Formal requirements
Art 10 - Others
Art 11. Right to equality
Art 11 - All
Equality before the law
Right of citizens to maintain and develop their culture, and use their mother tongue
Special measures
Level of Scrutiny: Strict scrutiny
Level of Scrutiny: Rational basis review
Level of Scrutiny: Other
Ground: Gender/Sex
Ground: Race
Ground: Colour
Ground: Origin
Ground: Ethnicity
Ground: Language
Ground: Religion
Ground: Political or other views
Ground: Social affiliation
Ground: Property or titular status
Ground: Place of residence
Ground: Other grounds
Art 11 - Formal requirements
Art 11 - Other
Art 12. Free personal development
Art 12 - All
Free personal development
Art 12 - Formal requirements
Art. 12 - Other
Art 13. Human liberty
Art 13 - All
Protection of Human liberty
Deprivation of liberty
Other restrictions on liberty
Arrast of a person
Arrestee shall be brought before a court
Rights of arrested person
Pre-trial detention
Detention period for accused person
Engagement of a court
Standards of Proof
Right to compensation
Art 13 - Formal requirements
Art 13 - Other
Art 14. Freedom of movement
Art 14 - All
Freedom of movement
Choosing a place of residance
Leaving the country
Entering to the country
Art 14 - Formal requirements
Art 14 - Other
Art 15. Right to privacy
Art 15 - All
Right to personal and family privacy
Right to personal space and privacy of communication
Entering the residence/other possessions
Conducting a search
urgent necessity
Judicial control
Art 15 - Formal requirements
Art 15 - Other
Art 16. Freedom of religion
Art 16 - All
freedom of belief, religion and conscience
Manifestation of belief/religion
Persecution of a person because of his/her belief, religion and conscience
Coercion into expressing opinion
Art. 16 - Other
Art 17. Freedom of expression
Art 17 - All
Opinion and the expression of opinion
Persecution of a person because of his/her opinion
Right to receive and impart information
Freedom of mass media
Inadmissibility of censorship
Prohibition to monopolize mass media or the means of dissemination of information
Right to access/use internet
Independence of the public broadcaster
Independence of the national regulatory body
Art 17 - Formal requirements
Art. 17 - Other
interference (freedom of expression)
Art 18. Freedom of information, Personal data and Fair administration
Art 18 - All
Access to public information
Familiarize with information about him/her
Other information or an official document
Protection of personal data in official records
Right to a fair hearing by an administrative body
Right to a hearing within a reasonable time
Full compensation for damage unlawfully inflicted by the State
Art 18 - Formal requirements
Art 18 - Other
Art 19. Right to Property
Art 19 - All
Right to property
Right to inherit property
Restriction of right to property
Legitimate expectations for protection of property
Expropriation of property
Court decision
Fair compensation
Agricultural land
Art 19 - Formal requirements
Art 19 - Other
Art 20. Freedom of creativity, cultural heritage
Art 20 - All
Freedom of creativity
Right to intellectual property
Inadmissibility of interference in the creative process and censorship
Dissemination of a creative work
Right to take care of protecting cultural heritage
Art 20 - Formal requirements
Art 20 - Other
Art 21. Freedom of assembly
Art 21 - All
Freedom of assembly
Subjects of the right
Prior notification
Termination of the assembly
Art 21 - Formal requirements
Art 21 - Other
Art 22. Freedom of association
Art 22 - All
Protection of freedom of association
Dissolvement of association by a court decision
Dissolvement of association by its own
Art 22 - Formal requirements
Art 22 - Other
Art 23. Political Parties
Art 23 - All
Right to form a political party
Participate in political party's activities
Incompatibility of Political party membership
Inadmissibility of the establishment and activity of a political party
Prohibition of a political party by decision of the constitutional court
Art 23 - Formal requirement
Art 23 - Other
Art 25. Electoral right
Art 24 - All
Active voting right
Passive voting right
Equality within voting right
Right to participate in a referendum
Free expression of the will of a voter
Electoral right of a sentenced person
Electoral right of the beneficiary of support
Art 24 - Formal requirements
Art 24 - Other
Art 25. Holding a public office
Art 25 - All
Right to hold public office
Terms of civil service
Restriction to hold the office of the President, the Prime Minister and the Chairperson of the Parliament of Georgia
Art 25 - Formal requirements
Art 25 - Other
Art 26. Labour relations, freedom of enterprise
Art 26 - All
Freedom of labour
Right to freely choose employment
Right to safe working conditions
Right to strike
Right to establish and join trade unions
Other labour rights
Consumer rights
Freedom of enterprise
Prohibition of monopolistic activities
Art 26 - Formal requirement
Art 26 - Other
Art 27. Education and Academic freedom
Art 27 - All
Right to receive and to choose the form of education
Pre-school education
Compulsoriness of elementary and basic education
General education
Vocational and higher education
Academic freedom
Autonomy of higher educational institutions
Art 27 - Formal requirements
Art 27 - Other
Art 28. Health protection
Art 28 - All
Right to affordable and quality health care
Quality of health care institutions and medical services
Regulating the production and circulation of pharmaceuticals
Art 28 - Formal requirements
Art 28 - Other
Art 29. Environmental protection
Art 29 - All
Right to live in a healthy environment
Right to enjoy the natural environment and public space
Right to receive full information about the state of the environment
Right to care for the protection of the environment
Right to participate in the adoption of decisions related to the environment
Environmental protection and the rational use of natural resources
Art 29 - Formal requirements
Art 29 - Other
Art 30. Marriage, Rights of mothers and children
Art 30 - All
Right to marry
Marriage shall be based on the free will of spouses
Marriage shall be based on equality of rights of spouses
Rights of mothers
Rights of children
Art 30 - Formal requirements
Art 30 - Other
Art 31. Procedural rights
Art 31 - All
Apply to a court, right to a fair and timely trial
Fair Trial: Right to appeal
Fair Trial: Right to oral hearing
Fair Trial: Right to decision within a reasonable time
Fair Trial: Right to adversarial proceedings and principle of equality of arms
Fair Trial: Newly discovered circumstances
Judicial jurisdiction
Right of defence
Exercise of the rights of a lawyer And lawyers self-organisation
Interrogation of witnesses under the same conditions
Burden of proof
Accuse for trial shall be based on a reasonable belief
Judgment of conviction shall be based on incontrovertible evidence
Resolving suspicion in defendant’s favour
Prohibition of conviction again for the same crime
Foreseeability of the law establishing criminal responsibility
Individualization of guilt
Prohibition of retroactivity
Using retroactive force to reduce or abrogate responsibility
Legal force of Evidence obtained in violation of the law
Self-incrimination
Testify against relatives
Art 31 - Formal requirements
Art 31 - Other
Art 32. Citizenship of Georgia
Art 32 - All
Protection of citizens
Acquisition of citizenship
Procedures for acquiring, losing and granting citizenship to a foreign citizen
Inadmissibility of deprivation of citizenship and expulsion of a citizen
Transfer of a citizen to a foreign state
Art 32 - Formal requirements
Art 32 - Other
Art 33. Foreigners and Statelsess persons
Art 33 - All
Equality of Citizens of other states, stateless persons living in Georgia and citizens of Georgia
Restrictions on the political activities of citizens of other states and stateless persons
Grant asylum to citizens of other states and stateless persons
Terms of expulsion or extradition of persons
Art 33 - Formal requirements
Art 33 - Other
Art 34. Exercise of fundametal rights
Art 34 - All
Application of fundamental human rights to natural and legal persons
Prohibition of exercise fundamental human rights to violate the rights of others
Proportionality of restriction on right
Art 34 - Other
Art 35. Public Defender
Art 35 - All
Constitutional competence of the Public Defender
Election of the Public Defender
Punishability of hindering the activities of the Public Defender
Immunity for the Public Defender
The powers of the Public Defender
Art 35 - Formal requirements
Art 35 - Other
Art. 36 Status and authority of Parliament
Art 36 - All
The Parliament of Georgia is the supreme representative body
Defining the main directions of the country’s domestic and foreign policies
Control of the activities of the Government
The Rules of Procedure of the Parliament and rules of adoption of the Rules of Procedure of the Parliament
The force of law of the Rules of Procedure
Art 36 - Formal requirements
Art 36 - Other
Art. 37 Parliamentary elections
Art 37 - All
Composition of the Parliament
Principle of formation of the Parliament
Tenure of the legislature
Number of members of the Parliament
Regular election of the Parliament
Qualifications for membership of the parliament
Right to participate in the Parliamentary Elections
Distribution of mandates
Art 37 - Formal requirements
Art 37 - Other
Art. 38 First meeting of the Parliament
Art 38 - All
Holding the first meeting of the Parliament
Quorum for start working of the Parliament
Acknowledgement of the power of members of the Parliament
Termination of the powers of the previous Parliament
Art 38 - Other
Art 39. Member of the Parliament
Art 39 - All
Parliament member status and free mandate
Parliamentary Immunity
Parliamentary Indemnity
Exercise of parliamentary activities without interference
Incompatibility of the activities of a member of the Parliament
Early termination of the powers of a Member of the Parliament
Art 39 - Formal requirements
Art 39 - Other
Art. 40 Chairperson and deputy chairpersons of the Parliament
Art 40 - All
Electing the chairperson of the Parliament
Power of the chairperson of the Parliament
Deputy chairpersons of the Parliament
Art 40 - Formal requirement
Art 40 - Other
Art. 41 Parliamentary Bureau, committees and factions
Art 41 - All
Parliamentary Bureau and its composition
Parliamentary committees
Joining a Parliamentary faction
Minimal number of faction members
Procedures for the forming and activity of factions
Art 41 - Formal requirements
Art 41 - Other
Art. 42 Temporary commissions of Parliament
Art 42 - All
Creating Investigative or other temporary commissions
Composition of the commission
Obligation to assist the investigative commission
Art 42 - Formal requirements
Art 42 - Other
Art. 43 Questions and interpellations by a Member of Parliament
Art 43 - All
Reffer with a question to the Government
Obligation to provide a response to a question
Right to pose a question through interpellation
Parliamentary deliberation of the response
Art 43 - Other
Art. 44 Sessions and sittings of Parliament
Art 44 - All
Regular sessions of the Parliament
Extraordinary sessions of the Parliament
Emergency session
Publicity of Parliamentary sittings
Declaring of a sitting or part of a sitting closed
Open and secret voting
Public official's obligation to attend sittings of the Parliament
Art 44 - Formal requirements
Art 44 - Other
Art. 45 Law making and procedures for decision-making
Art 45 - All
Right of legislative initiative
Discuss a draft law submitted by the Government at its request in an extraordinary sitting
Quorum for general law
Quorum for organic law
Quorum for other decisions of Parliament
Quorum for constitutional agreement
Art 45 - Formal requirements
Art 45 - Other
Art. 46 Signature and promulgation of a law
Art 46 - All
Submission of a law to the President
Signing and promulgation of a law
Return a law with remarks
Adoption of the remarks and promulgation
Rejecting remarks overcome veto
Signing and Promulgation of Constitutional law
Sign and promulgate a law by Chairperson of Parliament
Regular timeframe of a law entering into force
Art 46 - Formal requirements
Art 46 - Other
Art. 47 International treaties
Art 47 - All
Ratification of international treaties
Denounciation and annulment of international treaties
Mandatory ratification of international treaties
Inadmissibility of the ratification of international treaties
Art 47 - Formal requirements
Art 47 - Other
Art. 48 Impeachment
Art 48 - All
Grounds for impeachment
Persons subject to impeachment
Initiate impeachment proceedings
referring an impeachment case to the Constitutional Court
The conclusion of the Constitutional Court
Voting for impeachment
Voting for impeachment and quorum
Inadmissibility of initiating an impeachment
Restriction to remove from the office in other manner besides impeachment
Restriction of the impeachment of the President
Art 48 - Formal requirements
Art 48 - Other
Art. 49 President of Georgia
Art 49 - All
Status of the President
President is the Supreme Commander-in-Chief of the Defence Forces
President shall represent Georgia in foreign relations.
Art 49 - Other
Art. 50 Electing the President of Georgia
Art 50 - All
Tenure of the President
Reelection of the President
Requirements for Presidency
Composition of the Electoral College
Place and rule of Presidential election
Time of Presidential election
Decision on the time of the presidential election
Art 50 - Formal requirements
Art 50 - Other
Art. 51 Terms for exercising the powers of the President
Art 51 - All
Oath of office
Termination of the term of office of the President
Presidential Immunity
Activities incompatible with performing Presidential functions
Temporarily holding power and duty of the President
Art 51 - Formal requirements
Art 51 - Other
Art. 52 Powers of the President
Art 52 - All
Power: Representative power in foreign relations
Power: Conclude a constitutional agreement
Power: Call the elections
Power: Participate in the appointment of public officials
Power: Citizenship issues
Power: Pardon convicts
Power: Restrictions on the representative body of a territorial unit
Power: Other powers determined by the Constitution
Right to call a referendum
Right to address the people
President's Annual Report to the Parliament
Art 52 - Formal requirements
Art 52 - Other
Art. 53 Countersignature
Art 53 - All
Countersignature and legal consequences
Legal acts which do not require countersignature
Art 53 - Formal requirement
Art 53 - Other
Art. 54 Government of Georgia
Art 54 - All
Status of the Government
Accountability and responsibility to the Parliament
Composition of the Government
Establishment of a Ministry
Minister of State
Activities incompatible with performing Ministerial functions
State representative-governors and the powers of a state representative-governor
Determination of structure and the procedure for the activity of the Government
Art 54 - Formal requirements
Art 54 - Other
Art. 55 Prime Minister of Georgia
Art 55 - All
Status of the Prime Minister
Power: coordinate and control the activities of the Government
Power: Sign legal acts of the Government
Power: Representation in foreign relations
Power: Conclude international treaties
Power: Appoint and dismiss ministers
Power: Assign the duties of the first Vice Prime Minister
Accountability of the Prime Minister
Prime Minister's report and annual report
Art 55 - Other
Art. 56 Vote of confidence
Art 56 - All
Relinquish authority of Government
Resignation or termination of the Prime Minister's power
Vote of confidence
Length of terms and quorum for vote of confidence
Dissolution of parliament
The appointment of the prime minister
Art 56 - Other
Art. 57 Vote of no confidence
Art 57 - All
Hold a vote of no confidence
Length of terms and quorum for vote of no confidence
vote of confidence in a new Government
Inadmissibility to propose a vote of no confidence
Art 57 - Formal requirements
Art 57 - Other
Art. 58 Vote of confidence on the initiative of the Prime Minister
Art 58 - All
Right of the Prime Minister to an issue of confidence in the Government
Length of terms of issue of confidence
Voting against a vote of confidence and vote of confidence in the new Government
Voting against a vote of confidence and dissolution of parliament
Art 58 - Other
Art. 59 Judiciary
Art 59 - All
Judicial independence and structure
Status and competence of the Constitutional Court
Status and competence of common courts
Specialized courts
Military court
Juries
Prohibition of the creation of extraordinary courts
Art 59 - Formal requirements
Art 59 - Other
Art. 60 Constitutional Court of Georgia
Art 60 - All
Compositon of the Constitutional Court
Appointment of a Judge to the Constitutional Court
Tenure of a Judge of the Constitutional Court
Chairperson of the Constitutional Court
Powers of the Constitutional Court
Legal effects of the decisions of the Constitutional Court
Restriction to declear unconstitutional legal norms regulating elections
Art 60 - Formal requirements
Art 60 - Other
Art. 61 Supreme Court of Georgia
Art 61 - All
Status of the Supreme Court
Composition of the Supreme Court
Appointment of a judge to the Supreme Court
Tenure of a Judge of the Supreme Court
Chairperson of the Supreme Court
Art 61 - Formal requirements
Art 61 - Other
Art. 62 Judicial proceedings
Art 62 - All
Award a judgment on behalf of Georgia
Obligation to comply with a court judgment
Punishability of interference with the execution of a court judgment
Annull, change or suspend Court's judgment
Releasing from a sentence and commuting the unserved part of a sentence
Public hearings and closed hearing
Public announcement of a judgement
Official language of legal proceedings
Equality of arms and the adversarial process
Art 62 - Formal requirements
Art 62 - Other
Art. 63 Judge
Art 63 - All
Protection of the independence of a judge
Judicial immunity
Security of a judge
Activities incompatible with Judicial functions
Removal of a judge from consideration of a case
Dismissal or transfer of a judge to another position
Age, education and experience of a judge
Additional qualification requirements for a judge
Tenure of Judge
Appointment procedures of a judge
Art 63 - Formal requirements
Art 63 - Other
Art. 64 High Council of Justice
Art 64 - All
Status and competence of the High Council of Justice
Composition of the High Council of Justice
Selection of members of the High Council of Justice
The Chairperson of the High Council of Justice
Accountability of the High Council of Justice
Art 64 - Formal requirements
Art 64 - Other
Art. 65 Prosecutor's Office
Art 65 - All
Independence of the prosecution
Election and Tenure of General Prosecutor
The Prosecutors’ Council and the Chairperson of the Prosecutors’ Council
Annual reports of The Prosecutor’s Office
Art 65 - Formal requirements
Art 65 - Other
Art. 67 State Budget
Art 66 - All
The Parliament shall annually adopt the Law on the State Budget
Present a draft State Budget
Ammendments to the law on the State Budget
Refusal to adopt State Budget
Funds allocated for the Parliament
Signature, promulgation and the remarks of the President
The procedures for drafting and adopting the State Budget
Art 66 - Formal requirements
Art 66 - Other
Art. 67 Taxes and fees, economic policy
Art 67 - All
Mandatory payment of taxes and fees
Tax control
Economic policy
Art 67 - Formal requirements
Art 67 - Other
Art. 68 National Bank
Art 68 - All
Competence of the National Bank
The Board of the National Bank
Independence and accountability of the National Bank
Money emission
Art 68 - Formal requirements
Art 68 - Other
Art. 69 State Audit Office
Art 69 - All
Competence of the State Audit Office
General Auditor
Independence of the State Audit Office
Accountability of the State Audit Office
Control of public funds
Art 69 - Formal requirements
Art 69 - Other
Art. 70 Defence Forces
Art 70 - All
Right to defensive war
Duty to defend Georgia
The rule of military service
Right to have Defence Forces
Approval of types, composition and quantity of the Defence Forces
Merging of bodies responsible for state and public security with the Defence Forces
Officials who determine act of the Defence Forces
Art 70 - Formal requirements
Art 70 - Other
Art. 71 State of emergency and martial law
Art 71 - All
Declare martial law and sign a truce
Declare a state of emergency
Issue and approve decree
Restriction of a right by decree
General elections held during a state of emergency or martial law
Art 71 - Formal requirements
Art 71 - Other
Art. 72 Use of the Defence Forces
Art 72 - All
Decision on the use of the Defence Forces during martial law
Decision on the use of the Defence Forces during state of emergency
Decisions on the use of the Defence Forces in order to meet the country’s international obligations
Decisions on the use of the Defence Forces in special cases
Quorum for Parliament's decisions on the use of the Defence Forces
Art 72 - Formal requirements
Art 72 - Other
Art. 73 National Defence Council
Art 73 - All
Composition and length of terms of the National Defence Council
Procedure for the activity of the National Defence Council
Art 73 - Formal requirements
Art 73 - Other
Art. 74 Local self-government
Art 74 - All
Regulate issues of local importance through local self-government
Election of executive bodies
Election of representative bodies
Status and boundaries of self-governing unit
Art 74 - Formal requirements
Art 74 - Other
Art. 75 Powers of self-governing units
Art 75 - All
Separation of powers of the state authorities and the self-governing unit
Powers of self-governing unit
Exercise powers by self-governing unit
Delegate powers to a self-governing unit
Legal supervision over the activities of a self-governing unit
Art 75 - Formal requirements
Art 75 - Other
Art. 76 Guarantees of local self-government
Art 76 - All
Property and finances of self-governing unit
State authorities decision on issues related to local self-government
Binding decision made by the bodies of local self-government
Art 76 - Formal requirements
Art 76 - Other
Art. 77 Revision of the Constitution
Art 77 - All
Submit a draft constitutional law
Nation-wide public discussions
Adoption of a constitutional law
Submission of Constitution law for signature
Constitutional law related to the restoration of territorial integrity
Promulgate a constitutional law
Deliberations on a draft constitutional law in case of the declaration of a state of emergency or martial law
Art 77 - Formal requirements
Art 77 - Other
Art. 78 Integration into European and Euro-Atlantic structures
Art 78 - All
Obligation of the constitutional bodies
Art 78 - Other
Outcome
×
Complaint was uphold
Complaint was uphold partially
Complaint was not uphold
Admitted for consideration on merits
Admitted for consideration on merits partially
Was not admitted for consideration on merits
Operation of the disputed provision was suspended
Disputed provision was declared unconstitutional on the preliminary hearing
The case was referred to the Plenum for consideration
The case was terminated
The case was partially terminated
The Plenum admitted the complaint for the consideration on merits
The Plenum did not admit the complaint for the consideration on merits
The case was referred to the Chamber for consideration
Basis of inadmissibility for consideration on merits: content-wise problem of the disputed provision
Basis of inadmissibility for consideration on merits: the problem of the relation with the Constitutional provision
Basis of inadmissibility for consideration on merits: other problem of reasoning
Basis of inadmissibility for consideration on merits: unauthorized subject
Basis of inadmissibility for consideration on merits: the problem of jurisdiction
Basis of inadmissibility for consideration on merits: the issue has already been adjudicated
Basis of inadmissibility for consideration on merits: the issue is not governed by the Constitution
Basis of inadmissibility for consideration on merits: the time-limit has been violated
Basis of inadmissibility for consideration on merits: the problem of subsidiarity
