The Constitutional Court of Georgia serves as a judicial body responsible for constitutional control, ensuring timely adherence to the requirements and provisions outlined in the Constitution. On January 30, 2024, the Georgian Democratic Initiative (GDI), with the USAID Rule of Law Program support, held a research presentation on the 10-year (2012-2023) activities of the Constitutional Court of Georgia.
During the research process, lawsuits/submissions, minutes, judgments, and decisions available on the Constitutional Court's website were analyzed, along with public information provided by the Constitutional Court. Additionally, expert opinions were considered.
According to the document, "despite significant improvements in the procedures for preparing, considering, and resolving constitutional cases over the last decade, there is a need for improvement in the registration of lawsuits, the appointment of reporting judges, terms of case consideration, judicial appointments, referrals from common courts, recusal of judges, and disciplinary proceedings . [...] The primary challenge faced by the Constitutional Court remains the delay in case resolution, which has particularly worsened in the last 5 years. Although the introduction of the electronic system for case distribution has notably improved the assignment of cases in panels and the selection of judge-rapporteurs, additional requirements for the appointment of a new judge-rapporteur are necessary."
In the research, it is highlighted that "the selection criteria for members of the Constitutional Court are not clearly defined. The principles for the evaluation of subjective criteria have not been established, rendering the process non-transparent and harmful for public trust. Additionally, the nomination process for the deputy chairman of the Constitutional Court requires improvement. To enhance the court's transparency, it is crucial to publish the reasoned motions and proposals developed by individual judges and the chairman of the court when transferring a case to the Court Plenum." In addition, the research concludes that the constitutional submission mechanism is insufficiently used by the judges of the common courts.
The presentation was attended by representatives from local and international organizations, the Public Defender’s Office, and the Constitutional Court.
