Last updated: Monday, 11 November 2024

Coalition for an Independent and Transparent Judiciary

Coalition Submits a Claim to the Constitutional Court

Press Release, June 13, 2016

Today Coalition for an Independent and Transparent Judiciary has submitted a claim to the Constitutional Court to challenge constitutionality of the legislative amendments on the Constitutional Court.

More specifically, Coalition believes that the following changes are unconstitutional:

Automatic termination of a 10-year term of a Constitutional Court judge;
The rule according to which a single judge can refer a case to the Plenum;
Number of judges needed for the Plenum quorum and decision making;
Procedures for the suspension of a norm.

Remarkably, the President of Georgia has vetoed these legislative changes and returned them to the Parliament with objections. Despite the fact that the Parliament has fully considered President’s remarks, the latter have covered all problematic issues only partially and inadequately, including the issues raised by the Venice Commission.

In view of this fact Coalition has decided to submit a claim to the Constitutional Court to find these changes unconstitutional in relation to the Article 42 of the Constitution, which upholds the right to fair trial.

We believe that Constitutional Court shall rule on whether the new regulations are in conformity with human rights and principles enshrined in the Constitution.

Tags: Constitutional Court