The Parliament approved with second and third hearings constitutional changes on February 6, altering Georgia’s political power arrangement in favor of President Saakashvili.
Critics say that the President’s power will be increased at the expense of the legislative body, which might be dissolved by the President in case it fails to approve the state budget after three attempts.
President Saakashvili said on February 6 that the quick constitutional changes were needed to form the new cabinet as soon as possible “in order to overcome the current crisis in the country.” He also said that the cabinet will be composed by “the young, professional, energetic and good looking persons, with the women among them.” Saakashvili will propose to the Parliament candidacies for the cabinet members within two weeks.
Saakashvili added that his aim is “to create a European model of government.” However, as influential legal expert Davit Usupashvili says “the new constitution is European only because of one reason – it is not American model.”
“In other aspects new constitution has very few in common with the European style of governance,” Davit Usupashvili told Civil Georgia, who added, that the amendments weaken the Parliament’s role, which might be under permanent fear of being dissolved.
In addition, the President will be able to block any "unconstitutional" decision made by the Parliament – provision, which experts say is partially involvement in the Constitutional Court’s prerogatives.
The President also has right to dissolve the Parliament, or dismiss the cabinet, in case the legislative body fails to pass the state budget after three attempts. “So under the fear of being dissolved the Parliament might approve even the worst budget proposed by the government,” Davit Usupashvili said.
The Parliament shall not be dismissed within six months following parliamentary elections. However, the new constitution reads, that the President, “in the event of failure of newly-elected Parliament to vote confidence in the composition of the government or approve the state budget within six months, appoints the Prime Minister and approves the state budget by presidential decree.”
“He [the President] can do everything even without asking the Parliament,” said MP Vakhtang Khmaladze, who was actively engaged in development of the old constitution, which was in force since 1995.
“We will have the Present with the huge authority and almost without any responsibilities,” Tina Khidasheli of human rights, advocacy non-governmental organization Georgian Young Lawyers’ Association says.
In return, the Members of Parliament would have right to dismiss the cabinet of ministers with a three-fifths of the votes, thus 141 votes will be necessary to vote non-confidence against the cabinet.
According to the new constitution the Prime Minister will be responsible for everyday activity of the cabinet of ministers. The Prime Minister will chair the cabinet. The President will be the head of the state and executive government. Three – defense, interior and security – ministers will be under the direct control of the President.
According to the new constitution the Chair of the Parliament remains the second key position in the country, as the powers of the President will be undertaken by the Chair of the Parliament. In case of failure of the latter to do so, the Prime Minister will undertaken the President’s powers.
The controversial amendments have already led to the major disagreement in Saakashvili’s National Movement party. MP Koba Davitashvili announced on February 4 that he quits the party as opposes the proposed draft of amendments. He was the key ally of Saakashvili and leading legal expert of the National Movement party.
“I see the threat of dictatorship in case these amendments are approved,” MP Koba Davitashvili said at the Parliamentary session on February 5.
He said that the new constitution is the result of an agreement between the leaders of the November bloodless revolution – Mikheil Saakashvili, Zurab Zhvania and Nino Burjanadze, the Parliamentary Chairperson, and is introduced “in order to satisfy Zurab Zhvania’s [the State Minister] political ambitions."
