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Opposition Parties Believe Discussion on Constitutional Suit Is Delayed on Purpose

August 21, 2012

Maka Malakmadze, Adjara

Five opposition parties filed a complaint to the Constitutional Court of Georgia on May 25. They appeal against the six norms of the Organic Law of Georgia on “Political Unions of Citizens”. The claim has not been discussed yet. The suitors believe the discussion is delayed on purpose.

Five political parties - Free Georgia, Democratic Movement –United Georgia, Social Democrats for Georgia’s Development, Union of Georgian Traditionalists and Greens Party of Georgia request the Constitutional Court to declare concrete norms as illegitimate with their joint claim.

The lawsuit is related with the norms of the laws that restrict donations and the amount of contributions received through the public arrangements. They also request to stop election registration for election candidates and sequestrating the properties of a party, a physical and juridical person by the Chamber of Control of Georgia.

The Organic Law of Georgia on Political Unions of Citizens includes the appealed norms. More precisely: Article 26, Paragraph 1 “a”; Article 27, Paragraphs 5 and 6; second sentence of the Article 26 Paragraph 4: “The amount of contributions received from public event should not exceed 30 000 gel per year”; paragraphs 7 and 8 of Article 342 of the law.

Ramin Papidze, the majoritarian candidate of political coalition Free Georgia in Batumi, stated that discussing the lawusit is being delayed on purpose. He added that the government tries to create unequal conditions for political parties by the Organic Law of Georgia on “Political Unions of Citizens: “Unless the Constitutional Court discusses this action in time, discussing and even its satisfaction will lose point because it will be impossible to execute the decision till the next parliamentary election. That is why the court must discuss it timely since we, opposition parties, are in unequal conditions in comparison with the ruling party of Georgia”.

Ramin Papidze blames the Chairman of the Constitutional Court in delaying the case: “The time for discussing the article is not over yet but the Chairman of the Court, Giorgi Papuashvili, must realize the meaning of the lawsuit, its purpose and motivation. So we declare that he is delaying the discussion intently as it is the pre-election period and they have not fixed the trial date yet.”

Human Rights Centre got in touch with Public Relations Services of the Constitutional Court. Natia Sirabidze, the head of the service, suggested us to see official information published on the Court’s website regarding this particular case. The statement declares: “the Constitutional Court discusses the constitutional action within the terms of law in force. More precisely, according to the Organic Law of Georgia on the Constitutional Court of Georgia, Article 22, paragraph 1, the consideration of a constitutional claim or constitutional submission shall not exceed nine months from the admission of the case by the Constitutional Court. The legislation also foresees the session work of the Constitutional Court. According to Article 451 of time-limit of the Constitutional Court of Georgia now it is not the session period in the court”.

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