Executive Secretary of Georgian Dream, Mamuka Mdinaradze, stated that President Salome Zourabichvili will not be able to obstruct the activities of the newly elected parliament by appealing to the Constitutional Court.
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"The legal regulation regarding the delay of the convening of the Parliament of the Eleventh Convocation is not defined in the Constitution of Georgia or Georgian law in this case. Salome Zourabichvili cannot hinder the activities of the newly elected parliament. There is no such provision in the legislation. There are only certain records addressing specific individual matters, but no other provision that would hinder the activities of the Parliament in general or the recognition of its authority.
We still do not understand why this issue is being brought before the Constitutional Court, as the results of these elections cannot be independently appealed to the Constitutional Court. According to the constitution and laws, the norm or the normative content of the law and the elections based on that norm are what can be appealed, not the elections themselves or any individual results. We will wait to see what they write and what they come up with. I cannot guarantee anything definitive in advance, because there is no such provision in Georgian legislation or the constitution that aligns with their goals," Mdinaradze said, adding that the goal is "to deceive the people."
According to Mamuka Mdinaradze, the first session of the newly elected parliament will be held no later than 10 days after the official announcement of the election results, regardless of whether the President of Georgia appoints it or not.
"If Salome Zourabichvili violates the Constitution of Georgia again, fails to fulfill her duty explicitly stated in the Constitution, and does not appoint the first session of Parliament, according to the Constitution of Georgia, the first session of the newly elected Parliament will be held no later than 10 days after the official announcement of the election results. We will gather in Parliament and begin parliamentary activities," Mdinaradze stated.
On November 19, President Zourabichvili filed a lawsuit with the Constitutional Court of Georgia. As her representative Eka Beselia stated, based on the violation of the principles of universality and secrecy in elections, the President demands the unconstitutional recognition of the contested norms regulating the elections and the final results of the elections held based on them.
It is not yet known when the regulatory session will be held or whether the court will accept the lawsuit. The opposition MPs are also planning to appeal to the Constitutional Court.
Constitutionalist Vakhushti Menabde explains that until there is a dispute in the Constitutional Court, the authority of the newly elected parliament will not be clear, because the list of deputies whose authority must be recognized by the highest representative body will not include those whose legality is challenged in the Constitutional or General Court. According to Vakhushti Menabde, the plaintiff can argue that the norms of electoral legislation and their interpretation, based on which the city and appellate courts rejected the claim of the Georgian Lawyers Association regarding the violation of the secrecy of the vote, are against the right to vote protected by the constitution."
