President Vetoes Bill on Constitutional Court
President Giorgi Margvelashvili has vetoed a controversial bill on Constitutional Court increasing the quorum required for the Court to decide cases.
The move was expected after the Council of Europe’s advisory body, Venice Commission, criticized in its preliminary opinion released on May 27, those points of the bill, which were source of concern for many Georgian watchdog groups, and because of which opposition lawmakers were strongly against of the bill, proposed by ruling GDDG party.
Announcing about his decision on vetoing the bill, President Margvelashvili said on May 31 that his objections, which the Parliament will have to either accept or override the veto, were drafted as a result of “constructive” work with PM Giorgi Kvirikashvili, who is chairman of the ruling GDDG party.
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“I want to thank the Venice Commission for a very prompt review of the bill – within a week, which clearly demonstrated that the issues we were concerned about the bill are also source of concern for the Venice Commission,” President Margvelashvili said.
“We started working on our objections and as a result of a very constructive position of the Prime Minister, we were able to carry out this work both with the PM and with majority team in the Parliament,” he said.
He said that his objections are about the increase of quorum required for the Constitutional Court to decide cases and limiting mandate of judges during last three months of their 10-year term in office.
“I hope that as a result of our cooperation with the Prime Minister our objections will be shared by the Parliament and the Georgian Constitutional Court will continue functioning efficiently, which is so important for our state,” the President said.
According to the existing legislation, when adjudicating a case in full bench, the 9-member Constitutional Court is eligible to proceed if at least 6 judges are present.
The bill, adopted by the Parliament on May 14, envisages increasing this number to 7 judges.
The existing legislation requires support of simple majority of judges for taking a decision – that is 4 judges in case minimum required 6 judges are present, and 5 judges if all nine are present.
Under the new bill decisions should be taken by at least 6 judges – no matter whether minimum required 7 judges will be present or all nine of them.
With this proposed increase of quorum the Constitutional Court “can easily be blocked from taking decisions by a minority of judges,” reads the preliminary opinion of the Venice Commission, which was requested by the Georgian President, in the view of the urgency of the matter, to deliver its recommendations within ten days.
According to the bill during the last three months of his or her 10-year mandate, the judge is not allowed to participate in adjudicating new cases, except in cases relating to electoral disputes, impeachment cases against high officials, and when deciding admissibility cases.
The Venice Commission said that “from a European perspective, the introduction of a three-month period seems arbitrary.”
In other controversial changes, according to the bill decisions on suspending a disputed legislative clause as an interim measure pending final verdict should be taken by full bench; currently such interim decision can be taken by a panel of four judges.
“It is not logical that an interlocutory decision which is urgent by its very nature should be taken in a more complicated procedure, which includes a transfer of the case from the board to the plenary session and then back to the board for the decision on the merits,” the Venice Commission said.
Support of at least 76 MPs is required to override a presidential veto.
The bill was passed with 83 votes and with 81 votes during its second and third readings, respectively.