Constitutional Court of Georgia and de facto Real Control
Keywords:
Constitutional Court, constitutional control, Georgia, human rights, normative control, control of normative content of norm, de facto Real ControlAbstract
Constitutional Court of Georgia is an organ, that implements constitutional control. The status of Constitutional Court of Georgia, as negative legislator, is ensured by the Constitution, however, by the decisions of last period, Constitutional Court increased the borders of constitutional control and established new practice of constitutional control. Namely, by ascertaining constitutionality of normative contents of norm, Constitutional Court lay the foundation of using de facto real control in Georgia. The present article concerns judicial authority, made by the Constitutional Court of Georgia about the constitutionality of normative contents of norm. In my labour work, I took time to concentrate on status of Constitutional Court of Georgia, effectivity of the institute of individual constitutional complaint on the point of defending human rights in Georgia, essence constitutionality of normative contents of norm control and its influence on the Constitutional Court of Georgia, as a negative legislator’s status. In this article, I discussed in detail the legal basis of constitutionality of normative contents of norm by the Constitutional Courts of Georgia and conformable rulings are provided because of the practice examples of the Constitutional Court of Georgia
References
Constitution of Georgia, art. 83, 89.
The Organic Law of Georgia on Constitutional Court, art. 19, 25.
The Law of Georgia on Constitutional Legal Proceedings, art. 16, 26.
Erkvania T., Normative Constitutional Complaint, as Imperfect Form of Concrete Constitutional Control in Georgia, 2014, see <http://emc.org.ge/2014/10/27/tinatin-erkvania/>, [05.02.2017], (in Georgian).
Gegenava D., Constitutional Justice in Georgia: Main System Problems of Court Procedures, Tbilisi, 2012, 26, 45 (in Georgian).
Gegenava D., Constitutional Court of Georgian, As Positive Legislator, report for The conference “Sergo Jorbenadze 90”, Tbilisi, 2017 (in Georgian).
Gegenava A., Gegenava D., Citizen of Denmark Heik Qronvist v. Parliament of Georgia and Normative Starvation of Legislation, Article in anniversary collection “Besarion Zoidze 60”, 173, 2016 (in Georgian).
Kakhiani G., Constitutional Control in Georgia – Analyzing Theory and Legislation, Tbilisi, 2011, 59 (in Georgian).
Kverenchkhiladze G., Legal Protection of Constitution (General Theoretical Issues), “Human and Constitution”, №3, 2006, 41 (in Georgian).
Khetsuriani J., The Authority of Constitutional Court of Georgia, Tbilisi, 2016, 8-9, 54 (in Georgian).
Papier H.I., Individual Complaint in Federal Constitutional Court, “Human and Constitution”, Tbilisi, 2003, №2, 16 (in Georgian).
Sharashidze M., Perspectives of Granting the Constitutional Court of Georgia the Authority to Discuss Real Constitutional Complaints; Collected works: Constitutional and International Mechanisms of the Protection of Human Rights, edited by Korkelia K., see reference 6, Dever against Belgium, 1980, § 29, 59 (in Georgian).
Shvartz H., The Struggle for Constitutional Justice in Post-Communist Europe, translation by K. Aleqsidze, Preface by Patricia M., Vald, editor. KublaSvili K., Tbilisi, 2003, 45, 63, 144 (in Georgian).
Zoidze B., Constitutional Control and Valuations Order in Georgia, Tbilisi, 2007, 63, 64 (in Georgian).
APOSTOL v. GEORGIA (2006), ECHR, art. 42.
Decision of Georgian Constitutional Court, Case of a “Constitutional preliminary request of khashuri district court“ 22th September, 1999, №1/6/115.
Decision of Georgian Constitutional Court, Case of a “ Public Defender of Georgia v. The Parliament of Georgia”, 22th December, 2011, №1/1/477.
Decision of Georgian Constitutional Court, Case of a “Georgian citizen Geronti Ashordia v. The Parliament of Georgia”, 24th October, 2012, № 1/3/523.
Decision of Georgian Constitutional Court, Case of a “Georgian citizen Tristan Mamagulashvili v. The Parliament of Georgia”, 11th July, 2013, №1/3/534, №II-34.
Decision of Georgian Constitutional Court, Case of a “Constitutional preliminary request of Supreme Court of Georgia on constitutionality of normative content of Georgian Criminal Procedure Code 20th February, 1998, article 546 and article 518”, 24th December, 2014, №3/3/601, II-27.
Decision of Georgian Constitutional Court, Case of a “Georgian citizens –i kemoklidze I., kharadze D., v. The Parliament of Georgia”, 8th October, 2014, №2/4/532-533, II-63.
Decision of Georgian Constitutional Court, Case of a “Georgian citizen –Ugulava G., v. The Parliament of Georgia”, 15th September, 2015, №3/2/646, II-2, II-34, II-35.
Decision of Georgian Constitutional Court, Case of a “Georgian citizen Giorgi Beka Tsikarishvili v. The Parliament of Georgia”, 24th October, 2015, №1/4/592.
Decision of Georgian Constitutional Court, Case of a “Constitutional preliminary request of Supreme Court of Georgia on constitutionality of normative content of Georgian Criminal Procedure Code article 306, article 297”, 29th September, 2015, №3/1/608-609.
Decision of Georgian Constitutional Court, Case of a “Georgian citizen Kekenadze G., v. The Parliament of Georgia”, 30th September, 2016, №1/7/580, II-29.
Decision of Georgian Constitutional Court, Case of a “Constitutional preliminary request of Supreme Court of Georgia on constitutionality of normative content of Georgian Criminal Code article 260, article 297”, 26th February, 2016, №3/1/708-710.
Decision of Georgian Constitutional Court, Case of a “Constitutional preliminary request of Bolnisi district court on constitutionality of normative content of article 260, Georgian Criminal Code, which foresee the punishment for purchasing and conserving the “damp marihuana” for a private use”, 15th February, 2017, N3/1/855.
Study on Individual Access to Constitutional Justice, European Commission For Democracy through Law (Venice Commission), №538/2009, Strasburg, 2011, 33-34, 41, 48, 59.
Annual Report of Activities 2011, European Commission For Democracy Through Law, Strasburg, 2012, 39.
CDL-AD(2004)043 Opinion on the Proposal to Amend the Constitution of the Republic of Moldova (introduction of the individual complaint to the Constitutional Court) adopted by the Venice Commission at its 61st Plenary Session, 2.
http://www.codices.coe.int/NXT/gateway.dll?f=templates&fn=default.htm.
Presentation of Public Defender of Georgia on increasing the authority of Constitutional Court of Georgia, Tbilisi, 2015, see <https://goo.gl/7mSohU>, [25.01.2017].
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