The session of the Parliament on November 25 is unconstitutional - საერთაშორისო გამჭვირვალობა - საქართველო
GEO

The session of the Parliament on November 25 is unconstitutional

25 November, 2024

On November 25, 2024, members of the ruling party are going to gather in the legislative body to validate the mandates of the newly elected Parliament. However, the President of Georgia has not formally convened the first session of Parliament. Furthermore, the constitutionality of the October 26, 2024 elections, and consequently the legality of the election of 150 members, has been contested before the Constitutional Court. 

Pursuant to Article 38 of the Constitution of Georgia, the first session of Parliament is convened by the President. According to the same Article, Parliament acquires full authority upon the recognition of the mandates of two-thirds (100) of the Members of Parliament. Under Article 86 of the Rules of Procedure of Parliament, the name of any individual whose election as a Member of Parliament has been legally challenged before the Constitutional Court shall not be included in the parliamentary resolution on the recognition of Members' mandates.

The parliamentary elections held on October 26, 2024, took place amid a climate of intimidation, coercion, extensive control over citizens, and widespread violations of ballot secrecy. Monitoring organizations and political parties have filed hundreds of lawsuits in general courts, seeking the annulment of election results in specific precincts and districts. The announcement of the election results sparked large-scale protests among the population, which continue to this day. The results of the elections have not been recognized by the international community. The European Commission has announced its intention to dispatch a special mission to Georgia to investigate the alleged electoral violations.

Two lawsuits have been filed with the Constitutional Court, challenging the constitutionality of the elections. Additionally, the President of Georgia and 30 Members of Parliament have appealed to the Constitutional Court, citing violations of electoral secrecy and the right to universal, free elections. The President has not convened the first session of the Parliament, the legitimacy of which, along with the legality of the election of its members, should be the subject of consideration by the Constitutional Court.

Based on the aforementioned facts, the convening of the first session of the newly elected Parliament on November 25, and the recognition of the mandates of its Members, will be a straightforward and severe violation of the Constitution of Georgia and the Rules of Procedure of the Parliament of Georgia.

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