Constitutional law · Constitutional Court

Filing a claim with the Constitutional Court of Georgia - when the problem is the law itself

A constitutional claim asks the Constitutional Court of Georgia, which sits in Batumi, to declare a normative act or a specific provision unconstitutional because it restricts one of your fundamental rights. Individuals and companies can file such a claim in respect of the rights set out in Chapter Two of the Constitution, on fundamental human rights. The Court does not review individual court judgments; what it examines is the rule itself.

This page is for people and businesses - including foreign nationals and foreign-owned companies in Georgia - whose activity, property, privacy, speech or access to a fair trial is restricted directly by a law, a government decree, a ministerial order or a municipal regulation. It also covers situations where a rule has blocked your path in a court dispute, and explains how this route differs from an application to the European Court of Human Rights.

Updated 14.11.2026 · Practice area: Administrative law lawyer

Call: 568 330 318 Lawyers for constitutional claims

The basics

Who, what and against which rule - the four building blocks of a constitutional claim

Who can file: Georgian citizens, other individuals - foreigners included - and legal entities. The claimant must show that the contested rule violates, or realistically may violate, their own rights; defending someone else's rights or making a general political point does not work through this route. The Public Defender has separate standing.
What can be challenged: A normative act or part of it: a law, a government decree, a normative ministerial order, a municipal normative act. You can also challenge a specific normative meaning of a provision - the way it is actually being read and applied. An individual act, such as a permit granted or refused to one person, is not challenged here.
Which constitutional provision: The claim must name the provision of the Constitution that the contested rule conflicts with and explain the link between them. For individual claimants, that means the rights in Chapter Two - equality, property, private life, fair trial, freedom of enterprise and others.
What the Court will not do: It does not assess whether an ordinary court got your case right, re-examine the facts, decide disputes between private parties or rule on a particular official's conduct. If a valid law was misapplied in your case, the route runs through the higher courts and, where relevant, Strasbourg.

The procedure

How a claim moves from drafting to a ruling

Pinpoint the rule
A lawyer identifies which provision actually causes the restriction. Often it is not the article the authority quoted but another provision, or the combined effect of two rules. At this stage they also check whether the Court has already dealt with a similar question and what its case law says.
Draft the claim
The claim is written in Georgian and sets out the claimant's details, the contested rule, the relevant constitutional provision, the reasoning and the evidence. Foreign claimants will need translated supporting documents. What the Court looks for is an argument that the restriction is disproportionate or discriminatory - general dissatisfaction is not enough.
The admissibility session
The Court first decides whether to accept the claim for consideration on the merits. It may refuse because of defects in form, a claimant without standing, a question outside its jurisdiction or a lack of substantiation. If the claim is accepted, the case moves on to the merits.
Asking for the rule to be suspended
If applying the contested rule could cause irreversible consequences, the Court can suspend it until the final ruling. This needs a separate, reasoned request and is granted only in exceptional cases.
Hearing on the merits
The case is usually heard by a board of the Court and in some situations by the plenary. The body that adopted the rule, such as Parliament or the Government, acts as respondent, and witnesses, specialists and experts may be called.
The ruling and what to do with it
The ruling is final and cannot be appealed. A rule declared unconstitutional loses force from the date of publication or from a date the Court sets. Your lawyer then looks at what this means for your own case - for instance, asking for it to be reopened on newly discovered circumstances if the relevant procedural code allows it.

Comparison

Constitutional Court of Georgia or Strasbourg - what is the difference

Both protect human rights, but they answer different questions, and they are often used one after the other.

Constitutional Court of Georgia (Batumi)European Court of Human Rights (Strasbourg)

Checks whether a normative act complies with the Constitution of GeorgiaChecks whether the state breached the Convention in a specific case

Does not review individual court decisionsDoes not quash them either, but rules on a violation in your particular case

A win strikes the rule down for everyoneA win establishes a violation against the applicant and may require wider change

Does not award compensationMay award just satisfaction

Generally available while the rule is in force and applies to youStrict four-month limit from the final domestic decision

How the Court decides

The proportionality test and the role of ordinary courts

Most rights are not absolute: the state may restrict them, but only on certain conditions. The Court typically asks whether the restriction pursues a legitimate aim, whether the chosen means can achieve it, whether a less intrusive option was available and whether the public interest is fairly balanced against what the individual loses. A strong claim gives a concrete answer to each of those questions and shows that the legislature had a gentler alternative.

There is a second way to reach the Constitutional Court - through an ordinary court. If the judge in your case believes the rule to be applied may be unconstitutional, they can refer it by way of a constitutional submission, and the case is put on hold meanwhile. You and your lawyer can file a reasoned request asking the judge to do this, although the decision remains the judge's.

Keep expectations realistic. Proceedings can run for many months or longer, and the effect of a win is general - the rule loses force for everyone. How much it helps your own case depends on how quickly and skilfully the ruling is used at the next stage.

Typical situations

When a constitutional claim is the right tool

A law bans or restricts your business

A trade or profession made subject to unjustified conditions or banned outright. The Court asks whether the restriction serves a legitimate aim and whether it is necessary and proportionate to achieve it.

A procedural rule that limits your defence

A provision of criminal, civil or administrative procedure that takes away a party's chance to appeal, present evidence or reach a lawyer. Claims like this often grow out of a live dispute.

Unequal treatment

A rule that treats one group differently without justification - for example people with a particular status, or foreigners. An equality argument has to show that the groups compared are in essentially the same position.

Municipal or ministerial regulation

A local rule or a normative ministerial order that goes further than the law and restricts a fundamental right. Sometimes there is also a faster route through the administrative courts, and your lawyer will compare both.

Pitfalls

Mistakes that get a claim rejected at the admissibility stage

Challenging a court judgment instead of the rule behind it.
Not identifying the exact provision - asking for a whole law to be "cancelled" without pointing to a specific clause.
Relying on a constitutional provision that cannot ground an individual claim.
Failing to show how the rule affects the claimant directly.
General labels such as "unfair" or "absurd" with no proportionality analysis.
Ignoring existing case law of the Court that already answers the same question.
Forgetting that deadlines in a parallel dispute keep running - a constitutional claim does not pause them automatically.

Before you meet a lawyer

What to prepare for your first meeting

The text of the contested rule and a link to its official publication, if you know which rule it is.
Documents showing how the rule affected you: a refusal, a fine, a court decision, a letter from an authority.
Papers from any ongoing court case and its next deadlines.
A short note on which right is restricted and why you consider the restriction unjustified.
For a company: registration documents and proof of the signatory's authority, with translations where needed.

Constitutional claims in Georgia - frequently asked questions

Can I challenge a court decision at the Constitutional Court of Georgia?

No. The Court reviews normative acts, not the decisions of ordinary courts. You can challenge the rule on which the decision was based, if it restricts one of your fundamental rights.

Can a foreigner file a constitutional claim?

Yes. Standing is not limited to citizens - other individuals and legal entities can file too. Some constitutional rights belong to citizens only, however, so a lawyer will check whether the provision you rely on covers you.

Is there a deadline?

As a general rule a normative act can be challenged while it is in force and applies to you, but the law sets special time limits for certain categories. Your lawyer will confirm what applies in your situation.

Does a constitutional claim put my court case on hold?

Not automatically. The ongoing case and its deadlines continue unless the court hearing it refers the question to the Constitutional Court itself. Suspending the contested rule is a separate request, granted only in exceptional cases.

If I win, will I be compensated?

The Constitutional Court does not award compensation. A ruling that a rule is unconstitutional can, however, open the door to further steps - reopening a specific case or a separate claim - where the law allows it.

Do I need to travel to Batumi?

The Court does sit in Batumi, but filing does not require a personal visit, and your representative can attend hearings on your behalf. Your lawyer will check the current filing options, including remote ones, before submitting.

Do I need a lawyer?

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Eka Tevzadze

Civil law · Criminal defence

Georgian · Cert. No. 10697

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Is a law standing in the way of your rights?

At a free first consultation a lawyer will identify which rule is causing the problem, whether a constitutional claim is the right route and how it fits with any case you already have running. The coordinator will call you back within 15 minutes.

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