Storm in a Glass – Will the Election Day Change?

Aleksi Bezhanishvili

Non-governmental organization New Generation – New Initiative requests the Constitutional Court to change terms for the parliamentary and presidential elections. They request to hold parliamentary elections in May of 2012 and presidential election in January of 2013.

The head of the organization Mikheil Devdariani said they lodged a suit at the Constitutional Court because of breached constitutional terms. Namely, if the parliamentary elections are held in the fall of 2012, the current parliament will have to work 4 years and 6 months instead 4 years.

Besides that, Devdariani said, the presidential terms are also breached. According to him, the president can occupy the position during five years. However, in accordance to the amendments to the Constitution, acting president will be on the position during 5 years and 10 months.

According to the Constitution, “Regular elections for Presidency shall be held in October of the calendar year when the presidential authority expires. The President of Georgia shall fix the date of the elections not later than within 60 days before the elections.”

As for the parliamentary elections, “Regular parliamentary elections shall be held in October of the year when the Parliament’s term of office expires. The President of Georgia shall fix the date of elections within not later than 60 days before the elections.”

Additionally, on January 4, 2012, during his meeting with Zurab Kharatishvili, President of Georgia Mikheil Saakashvili said that “parliamentary elections will be held in October in accordance to the law and the remaining nine months are enough to prepare the country for the fixed elections.”

The head of the New Generation – New Initiative said the organization is drafting a constitutional suit and will lodge it to the Constitutional Court of Georgia in near future in order to restore lawful terms of elections which were estimated by the law in December of 2007.

Devdariani added that the organization has petitioned to the Parliament regarding the issue several times, but the legislative body never paid attention to their petitions; so, now they have to appeal to the Constitutional Court of Georgia.

“We hoped the MPs would have discussed the issue before the end of the autumn session,” Devdariani said.

Avtandil Demetrashvili: “Constitutional Reform Will Fail”

Constitutionalist Avtandil Demetrashvili said if the date of the Presidential Elections is shifted, the constitutional reform implemented in 2009-2010 will be wasted.

“If the Constitutional Court satisfies the suit of the New Generation –New Initiative and shifts the date of the presidential elections, the 2009-2010 Constitutional reforms will be wasted because the document states the norms, adopted through the reforms, will go in force after the inauguration of the president elected as a result of October 2013 Presidential Elections. So, in this case, “October” creates problem and if the elections are held in January, it will make the execution of the constitutional law doubtless,” Demetrashvili told the News Agency “Interpresnews.”

As for the parliamentary elections in May, Demetrashvili said it will create fewer problems. And if the Constitutional Court satisfies the suit of the NGO, we will need to introduce new amendments to the Constitution.

“If the Constitutional Court of Georgia satisfies the suit of the New Generation – New Initiative, we will have to introduce new changes to the Constitution in order to annul the transitional provision which states that the parliamentary elections shall be held in October of 2012 and the new date will be fixed afterwards,” Demetrashvili said.

The Commission Will Not Be Able to Provide Revised Voters’ List

“If the parliamentary elections are held in May, the Monitoring Commission will not be able to revise voters’ list on time,” head of Monitoring Commission Mamuka Katsitadze told Interpresnews.

“I can tell you without extra diplomacy and pretending that if elections are held in May, the Commission will not present the revised voters’ list checked through the principle of “door-by-door”, that is a new method in checking the lists. We need concrete terms, the deadline is set and if the elections are held in May, we will not manage anything. So, we continue our work on the lists because we are sure the elections will be held in October at 99% probability,” Katsitadze said.

A leader of the New Rights is sure the only purpose of the New Generation – New Initiative to lodge a suit to the Constitutional Court was to put an end to the current controversy on this issue.

“When the Court clarifies to a concrete suitor that the elections will not be held in May, it will be a respond not only to one NGO, but to everybody who has the same question and finally we will learn that the elections will be held in October,” Katsitadze said.

Comments from Parliamentary Majority and Minority

Levan Vepkhvadze from the Parliamentary minority [Christian Democrat movement] is sure only National Movement can wish to hold the parliamentary elections in May. Vepkhvadze told journalists that those who agree with the May elections, implements the government’s instructions.

He said the parliamentary elections must be held in October of 2012 as it is written in the Constitution.

The MP added that only government wants the elections to be held in spring. And the organization, who is complaining about the issue, directly or indirectly serves the government’s interests.

The MP underscored that international community also underscored that the upcoming elections shall be better than the previous one and if it is scheduled in spring, we will not manage to work out the mechanisms to guarantee better elections.

Among the mechanisms Vepkhvadze mentioned the Commission for the Revision of Voters’ Lists, and Group of Media-Monitoring Commission and Security Council, who should work on the restriction of administrative resource.

“Only National Movement is ready for the elections now,” Vepkhvadze said.

A leader of the parliamentary elections Goka Gabashvili is sure there will be enough arguments to hold the elections within constitutional terms. He told journalists the parliamentary elections are scheduled in October of 2012 according to the Constitution.

“The Court will discuss the issue but I am sure the elections will be held in October,” Gabashvili said and added that although he cannot say anything in the name of the Constitutional Court, his political team believes the elections must be held within constitutional terms.

Gabashvili hopes the Constitutional Court will have arguments to prove the necessity of holding elections in October.

The chair of the Legal Committee of the Parliament Pavle Kublashvili thinks it is impossible to declare the constitutional terms of elections as unconstitutional.

When commenting on the possible shifting of the election date, Kublashvili told journalists that the Constitution directly fixes the election date in October and it was estimated before the current convocation of parliament was elected. Consequently, Kublashvili believes nothing can prove the unconstitutionality of this provision.

“Thus, the suit does not have any grounds. The parliamentary elections will be held in October of 2012 and relatively, the presidential elections will be held in October of 2013,” Kublashvili said.

Besides that, the MP cannot see any argument which could become a ground for the Constitutional Court of Georgia to conclude that the constitutional norm is unconstitutional.

“Constitutional norm cannot be unconstitutional.  And it is absurd to argue about it,” Kublashvili said.

“CEC Is Ready”

Central Election Commission is always ready to hold elections within the legal terms - CEC Chairman Zurab Kharatishvili told journalists today.

Kharatishvili said that according to the working plan, the Commission is preparing for the October elections but if the law requires snap elections, the Commission will be ready for it as well.

“Of course, snap elections mean work in haste but we will be ready for it,” Kharatishvili said.

As for the suit of the New Generation – New Initiative, Kharatishvili said the Constitutional Court shall make decision with regard to the issue and it is beyond his competence to make comments on it.

Kharatishvili added that the CEC will act in accordance to the decision of the Constitutional Court.