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Georgian Development Research Institute Protests Increased Power of Prime-Minister

13.07.2012
Georgian Development Research Institute (GDRI) protests amendments introduced to the Law about Structure, Authority and Activities of Georgian Government on July 5.

The GDRI statement reads that the law contradicts the principles of democratic and just state as well as Article 78 and 80 of the Constitution of Georgia and contains political threats. The Institute believes that within the competence of prime-minister she/he can appoint a person who can pass individual-legal acts/decrees. A person can enjoy such a large power who has no connection with the parliament, that is elected by the people. Here the chain of legitimacy is broken and it contradicts democracy principles.

“The Constitution clearly regulates procedures of government formation and circle of people who can release decrees. The person appointed by the prime-minister, who will not take any abovementioned necessary procedures and does not enjoy constitutional right to release decrees, might pass individual-legal acts within the competence of prime-minister that contradicts the principle of just state. This amendment unlawfully neglects the requirements of the Article 80 and breaches Article 78 Part V of the Constitution,” the statement reads.

GDRI states that introduced amendments contain political threats too. Prime-minister shall have right to freely delegate right of passing decrees on other persons and to completely discharge himself from political and legal responsibilities.

“In other words, this amendment gives chance to prime-minister to order other person “to do dirty job” and to avoid responsibility for that. Another problems is that prime-minister can assign his own authorities to another person in relation with implementation of regional policy and coordination of government’s cooperation with self-governmental bodies. When a prime minister is put in charge of coordination, it underlines importance of this issue, but if this responsibility is delegated to a person of lower rank, it discredits the importance of the issue and undermines possibility of coordination. Regulation of passing government’s resolutions decays the control function of the parliament. In addition to that, government has right not to count quorum when passing regulation and grant authority of passing legal act to majority of attendees. In case of coalition authority of multi-party parliament, ministers representing any political party might pass legal act in the name of government,” the statement reads.

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