According to GYLA, the Existing Draft of Constitution Needs to Be Refined and Parliament should not Pass
October 7, 2010
Georgian Young Lawyers Association (GYLA) issued its inference regarding the draft of constitution. The expedited speed of new constitution is evaluated negatively in the document. It hindered the public to express and protect its opinion, states GYLA.
The inference was introduced to media representatives today by Tamar Khidasheli. Document raises the following question once again – why Georgian government is hurrying to change the fundamental provisions when most of the changes will go in force only after 3 years – on December 1st of 2013?! GYLA emphatically notes that the constitutional reform offered by the government didn’t reach two declared objectives – to consolidate the society around new constitution reform and create effective, balanced system of governmental branches.
According to GYLA’s legal analyses, the version presented by the constitutional law doesn’t meet the challenges existing in the sphere of governance in Georgia. It doesn’t offer the essential guarantees for protecting human and property rights. As for the balance between the governmental branches, the role of Parliament is extremely weak, and government, specifically the PM appears to be a power monster.
According to the document, especially alarming is the authority of PM to change the full staff of government to who the Parliament declared confidence. Also, the procedure of declaring confidence is extremely complicated and protracted. Association also considers that changes put the independence of judiciary under question mark and increases the possibility of pressure on local government. Considering this, young lawyers think that existing draft needs refinement and shall not be passed on the third reading of Parliament.
GYLA will present its inference to Parliament today.
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