Constitutional Court of Georgia

The Constitutional Court of Georgia is the judicial body of constitutional review, having the greatest significance with the view of securing constitutional provisions and separation of powers, and protecting human rights and freedoms.

The Constitutional Court was established in 1996. The legal basis of its organisation and activity is the Constitution of Georgia, the Organic Law of Georgia "On the Constitutional Court of Georgia", the Law of Georgia "On the Constitutional Legal Proceedings" and the Rules of the Constitutional Court. In 2002 the aforementioned legislative basis was improved, amendments moved to the Organic Law of Georgia "On the Constitutional Court of Georgia" and to the Law of Georgia "On the Constitutional Legal Proceedings", the constitutional legal proceedings being made simplified and more expeditious. The Constitutional Court of Georgia was moved from Tbilisi to Batumi on 5 July 2007.

The Constitutional Court of Georgia consists of nine judges. All three branches of state powers participate in the formation of the Constitutional Court on an equal basis—three members are appointed by the President of Georgia, three members are elected by the Parliament by not less than three-fifths of the number of the members of the Parliament on the current nominal list, and three members are appointed by the Supreme Court. The term of office of a judge of the Constitutional Court is ten years.

A member of the Constitutional Court is independent in carrying out his/her duties. He/she evaluates the factual circumstances and reaches a decision only in accordance with the Constitution of Georgia. Interference in the activity of a member of the Constitutional Court is impermissible. The Constitution secures the personal immunity of a member of the Constitutional Court. The legislation provides for other guarantees with the view of securing independent activity of a member of the Court.

The Constitutional Court of Georgia elects the President of the Constitutional Court among its composition for a term of five years. A candidate to the office of the President of the Court is nominated by an agreed proposal of the President of Georgia, the President of the Parliament of Georgia and the President of the Supreme Court of Georgia. The President of the Court may not be re-elected. The President of the Constitutional Court convenes and presides over the sittings of the Plenum of the Constitutional Court, signs the acts passed by the Plenum, submits the Rules of the Constitutional Court and the By-law of the Staff to the Plenum for approval, allocates the constitutional claims and constitutional submissions, maintains general guidance over the functioning of the Staff of the Constitutional Court, appoints and dismisses staff members, disposes of the budgetary assignations of the Constitutional Court, discharges other authority defined by the legislation and the Rules of the Constitutional Court.

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