Source:

English Version of the Consitution of Georgia ("English Version of the Consitution of Georgia") [ID 4672]

Document(s): English Version of the Consitution of Georgia

10.01.2007 - Source: Civil Georgia

Constitutional Amendments Go into Force ("Constitutional Amendments Go into Force") [ID 18547]

Document(s): Open document

28.06.2004 - Source: Council of Europe - Secretary General

The revision of the Constitution encompasses three main points: the creation of a post of prime minister; the introduction of a principle of governmental accountability to Parliament; offsetting this, the possibility for the President of the Republic to dissolve Parliament and call new elections in case of failure by the legislative body to pass the state budget after three attempts. The necessity for the swift constitutional changes were justified by the need for a strong executive power able to overcome the current crisis in the country ("Compliance with commitments and obligations: the situation in Georgia [SG/Inf(2004) 19]") [#24089], [ID 4668]

"7. As regards more specifically the constitutional amendments, adopted on 6 February 2004, they modified significantly Georgia's system of governance. The revision of the Constitution encompasses three main points: the creation of a post of prime minister; the introduction of a principle of governmental accountability to Parliament; offsetting this, the possibility for the President of the Republic to dissolve Parliament and call new elections in case of failure by the legislative body to pass the state budget after three attempts. The necessity for the swift constitutional changes were justified by the need for a strong executive power able to overcome the current crisis in the country.

8. In accordance with the recommendation of the Parliamentary Assembly, the constitutional amendments were submitted by the Georgian authorities to the Venice Commission for opinion before their adoption. Due to the rapidity of the reform process in Georgia, the time for providing comments was very short (one week) and the comments by the Venice Commission were only taken into account to a very limited extent. In its Opinion, the Venice Commission noted incoherencies and need for further improvement and advised the Georgian authorities to continue the constitutional reform process in Georgia (see doc. CDL-AD(2004)008). At the Conference on "the Constitutional Organisation of the state", organised in Tbilisi, on 18 and 19 May 2004, by the Venice Commission, in co-operation with the Constitutional Court, the authorities confirmed their willingness to proceed to a revision in due time.

9. As a result of two successful `rose revolutions' and the constitutional reform, the political landscape is at present largely dominated by the figure of the President. A constitutionally weakened Parliament with a very large Presidential majority and a Government which is confronted with the very hard task of the economic and social reforms put the President in an unchallenged position."

Document(s): Open document

04.2004 - Source: Caucasian Knot

Georgian parliament introduced a number of significant amendments to the national Constitution; amendments introduce important changes in the functioning of primarily the legislature and the executive ("Constitutional reform in Georgia, 2004") [#23818], [ID 4669]

"The Georgian parliament introduced a number of significant amendments to the national Constitution by a majority at a specially called extraordinary session on February 6, 2004. The amendments introduce important changes in the functioning of Georgia's main government institutions, primarily the legislature and the executive. Officially, the amendments are to facilitate Georgia's transformation into a parliamentary-presidential state, whereas the opposition fear that they reinforce the authoritarian elements in the state system."

Document(s): Open document

24.02.2004 - Source: Human Rights Watch

Report focused on religious intolerance, freedom of assembly and expression, torture in prisons and the situation of internally displaced, refugees and Meskhetian refugees ("Agenda for Reform: Human Rights Priorities after the Georgian Revolution") [#19671], [ID 4670]

"The new government's reform agenda includes plans for legislative and constitutional changes.13 Georgian NGOs and others have criticized the new government for rushing through such changes without allowing for a proper public debate, or seeking expert opinions from international bodies.14 In particular, in February the government passed an anti-corruption package of legislation without publishing the proposed amendments. Although the government consulted with some local NGOs on the proposed legislation, the government did not give the chance to a broader cross section of society or international interlocutors to review the proposed changes, which contained controversial provisions such as in absentia criminal trials and switching the burden of proof to the respondent in civil cases.15 Likewise, in early February the government rushed through constitutional changes without publishing the draft amendments for public discussion, as required by the Constitution.16 The changes created the position of prime minister, but also strengthened presidential powers, including allowing the president to dissolve parliament.17 Another amendment empowers the president to appoint and dismiss judges, thereby increasing the president's influence over a judiciary that already suffers from a lack of independence.18"

Document(s): Open document

11.02.2004 - Source: Central Asia-Caucasus Institute

Analytical report on the constitutional amendments as presented by Mikheil Saakashhvili ("Georgia’s constitutional amendments: a setback for democratization?") [#19393], [ID 4671]

Document(s): Open document