Universality and Secrecy of the Vote: What the President Is Arguing About in the Constitutional Court

"The main demand is to annul the election results. Not only should the norms that contradict the Constitution be declared null and void, but the annulment of election results based on these norms should also be prioritised.

The lawsuit alleges the violation of two fundamental constitutional rights, the first being universality. The ability of our citizens living abroad to exercise their constitutional rights was not only restricted but outright denied. As you know, thousands of our citizens were unable to participate in the elections.

The second key constitutional principle involves the violation of voting secrecy during the elections. There is substantial evidence confirming this issue. During the voting process, the will of the voter was so exposed that it was evident who they were voting for, which violates a critical constitutional standard: elections must be both universal and secret.

Additionally, this lawsuit challenges the constitutionality of the norms requiring members of parliament to undergo a procedure for recognition of their powers without simultaneously terminating their previous powers. At the stage when a decision is declared that they will not serve in parliament, the results - already falsified - are left unaddressed," said Eka Beselia, emphasizing that the court has no legal basis to refuse to accept the lawsuit.

"The court may consider the lawsuit this week. A refusal to review it would signify the court's unwillingness to fulfill its duty, and the judges lack any legal grounds to justify such a refusal," Beselia stated.

She expressed hope that the court would take into account the political crisis in the country and expedite the case, resolving it within a shortened time frame of 30 days. Furthermore, she stressed that the first session of Parliament cannot take place until a decision on the lawsuit is reached.

"The legal logic is clear: if the case is not resolved, Parliament cannot convene. The Constitution states that the first session may only be held on the date appointed by the President, with no other exceptions. If the President does not convene the first session, the relevant constitutional article mandates the calling of new elections.

If the Constitutional Court fails to perform its duty, and Parliament meets in violation of the Constitution, and if the 'Georgian Dream' proclaims itself as the government and proceeds to arbitrarily elect a government, this will constitute a departure from constitutional norms. In such a scenario, it would become a group acting arbitrarily and seizing power. Neither the government nor the Parliament would then be legitimately elected in accordance with constitutional principles," Beselia warned.

President Zourabichvili announced on November 18, during a briefing at the Orbeliani Palace, that she is filing a lawsuit with the Constitutional Court due to violations of two key constitutional principles. Although the President does not trust the court, she emphasized the importance of exhausting all legal avenues. "The purpose of my lawsuit is to fully test the conscience of the judges who will face this decision: What kind of country do I want? With whom do I want to build this country? And where should this country go? Their response to this will be equally critical," said Zourabichvili.