Transparency International: November 25 Parliamentary Session Violates Constitution

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Transparency International Georgia asserts that the first session of the newly elected Parliament and its recognition of the credentials of its members constitute a clear and blatant violation of the country's Constitution and the Parliament's Rules of Procedure.

The NGO outlines the legal and factual circumstances that lead it to believe the November 25 parliamentary session is illegal:

  • The President of Georgia has not convened the first parliamentary session.
  • The constitutionality of the elections, and therefore the legality of the election of 150 members, has been challenged in the Constitutional Court.
  • Parliament acquires full powers only after the recognition of the credentials of two-thirds (100 members) of its members. The Parliament’s resolution on the recognition of members' credentials must not include the name of any individual whose election as a member of Parliament has been challenged in the Constitutional Court.

Transparency International Georgia also drew attention to the elections, noting that the October 26 vote was held amid intimidation, coercion, total control of citizens, and widespread violations of the secrecy of the vote.

“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 statement reads.

Parliament Speaker Shalva Papuashvili called the statement “disinformation aimed at undermining the constitutional order.” According to him, Transparency International’s goal is “to confuse society and incite radicalism.”

The view that the Parliament’s recognition of its own authority contradicts the constitution is shared by a number of constitutionalists.

The Georgian Young Lawyers’ Association (GYLA) calls on Parliament to “comply with the requirements of the Constitution of Georgia, suspend the session, and not recognize the authority of the new Parliament until the Constitutional Court issues a decision on the president’s lawsuit.”

Today, November 25, the Georgian Dream party is holding the first session of the 11th Parliament. Majority MPs are entering the legislative body building amid protests and with the assistance of a police cordon

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