Impeachment of the President and the practice of the Constitutional Court of Georgia

Authors

  • Maia Kopaleishvili

DOI:

https://doi.org/10.60131/jlaw.2.2023.7702

Keywords:

Impeachment of the President, Conclusion of the Constitutional Court, Status and Authority of the President, Normative Content of the Constitutional Norm, Rule of Autonomous Interpretation of the Constitutional Norm, Assessment of Facts by the Court, Legal Nature of the Conclusion.

Abstract

The article discusses the conclusion of the Constitutional Court of Georgia on the impeachment of the President. On October 16, 2023, the Constitutional Court of Georgia rendered a conclusion "On Violation of the Constitution by the President of Georgia" (case № 3/1/1797). In the practice of proceedings of the Constitutional Court, consideration of the issue of impeachment took place for the first time therefore, it has a precedential value. The present article discusses the extent to which the Constitutional Court has realized the importance of constitutional control when concluding the issue of impeachment.

The article presents the essential shortcomings of evaluating the issue by the court. In particular, the article discusses the effectiveness of constitutional control, the issue of the autonomous content of the constitutional terms, the formal definition of the norms of the constitution, and the issue of the normative content and establishing the facts by the court.

Three judges expressed a dissenting opinion on the mentioned conclusion. The article reviews the issues that point out the dissenting opinion.

The article also scrutinizes the legal nature of the conclusion rendered by the court.

Author Biography

Maia Kopaleishvili

Doctor of Law, Professor of Ivane Javakhishvili Tbilisi State University Faculty of Law, former member of the Constitutional Court of Georgia (2009-2019).

References

Constitution of Georgia, 24/08/1995 (in Georgian).

Organic Law of Georgia "On the Constitutional Court of Georgia", 31/01/1996 (in Georgian).

Gotsiridze E., for the political nature of impeachment, "Justice and Law" journal, № 1(44)15, 19, 21, 78 (in Georgian).

Khetsuriani J., The Power of the Constitutional Court of Georgia in the Impeachment Process, "Justice and Law" Journal, № 2/3, 45/46, 53 (in Georgian).

Kakhiani G., Constitutional control in Georgia, Tbilisi, 2011, 259-261 (in Georgian).

Conclusion № 3/1/1797 of the Constitutional Court of Georgia dated October 16, 2023, regarding the violation of the Constitution by the President of Georgia (in Georgian).

Decision № 2/7/667 of the Constitutional Court of Georgia dated December 28, 2017, on the case "JSC Telenet" against the Parliament of Georgia (in Georgian).

Decision № 2/2/579 of the Constitutional Court of Georgia dated July 31, 2015, on the case

"Georgian citizen Maya Robakidze against the Parliament of Georgia" (in Georgian).

Decision No. 3/2/1473 of the Constitutional Court of Georgia dated September 25, 2020, in the case "Nikanor Melia v. Parliament of Georgia", II-20-23 (in Georgian).

Dissenting opinion of the judges of the Constitutional Court of Georgia - Irine Imerlishvili, Giorgi Kverenchkhiladze, and Teimuraz Tughushi regarding the opinion of the Plenum of the

Constitutional Court of Georgia of October 16, 2023 N3/1/1797 (in Georgian).

Published

2023-12-30

How to Cite

Kopaleishvili, M. (2023). Impeachment of the President and the practice of the Constitutional Court of Georgia. Journal of Law, (2). https://doi.org/10.60131/jlaw.2.2023.7702

Issue

Section

Articles