Election Law Amended

Keti Labadze

On July 27, the Parliament of Georgia adopted amendments to the election law at the third hearing. The amendments referred to Article 49 of the Election Code, for what nongovernmental organizations sued the Adjara Supreme Council at the Court not long time ago.

From the moment of announcement of elections until the summary of election results, Article 49 of the Election Code of Georgia prohibited implementation of projects which were not previously envisaged in the state or local budgets; as well as prohibited increase of those budgetary programs stipulated by the budget prior to the elections. The Parliament of Georgia replaced in the Article the wording “From the day of calling of elections” by “60 days before the Election Day including the Election Day”. It means that the prohibition of this article refers only to those budgetary amendments, which will occur within two months before the Election Day.

The Adjara Supreme Council introduced changes to the budget on July 24, 2013, at the special session with 11 votes in favour. Opposition members did not support the amendments. 

In accordance to the draft law, the budget was increased at 14 722 700 lari and 13 554 400 lari will be spent on infrastructural and social projects. Namely, fund for regional projects allocated five million lari for environmental projects in Adjara and for the construction of beach-restorative constructions in Adlia seaside. The same fund will allocate 8 million lari for the completion of the first stage of construction activities of mountainous resort in Goderdzi Pass.

Healthcare programs were also amended – the money remained from the second stage of universal insurance. Namely 555 400 lari will be spent on the medical care of emergency cases and psycho-somatic rehabilitation of children. The deducted sum will be forwarded to the Adjara TV-Radio department too.

“These activities were planned early in the year and will not be used for the election purpose. If we had refused the draft law, the ongoing activities on Goderdzi Pass would have stopped. Also, the TV-Company would be left without funding during pre-election period and society without space for discussion,” Sulkhan Glonti said.

Opposition members of the Supreme Council did not support the bill. Petre Zambakhidze from the National Movement Fraction thinks the legislative error might occur again: “Unfortunately, I did not attend the session; we were not against the context of the bill – just on the contrary, we called on the government to add funds to programs, but unfortunately the amendments were introduced several months later, after the election day was fixed and it contradicts the acting edition of Article 49 of the Election Code. Although Article was amended, it cannot resolve the problem, because the violation was done before amendments. We called on the government to introduce amendments within reasonable terms; we face the same problem with regard to the television – 60-day term has already expired.”

On July 30, 2013, the Georgian Young Lawyers’ Association, the International Society for Fair Elections and Democracy and the International Society of Democracy jointly filed a complaint by the Batumi City Court, seeking suspension of GEL 14 million spending in the pre-election period until tabulation of October 27, 2013 presidential election results, as these funds have been illegally added to the budget of Adjara A/R.  

“The Adjara Supreme Council amended the budget before the election code was amended. So, it cannot have retroactive effects. The Council has breached the law. It is our conclusion and are waiting for the court judgment,” lawyer Nino Rizhamadze of the ISFED said. 

Judge Jumber Bezhanidze is presiding the case at the Batumi City Court. Statements published on official websites of the ISFED and GYLA state that GYLA’s lawyer talked to the assistant of the judge, who said that the judge has taken one month vacation and the litigation will be commenced in September.

GYLA representatives believe that “if the court resorts to the legal timeframe prescribed by procedure laws, the length of the proceeding can be increased for up to five months.”

Unlike NGOs, members of the Adjara Supreme Council, who voted in favour of the bill, have never doubted the legality of their decision even before the law was amended: “The Election Code does not say anything about the Adjara budget, it refers only to self-governmental budgets,” chairman of finance commission of the Adjara Supreme Council Aleksandre Chitishvili clarified the legality of their decision and added that the Supreme Council is not going to revise its decision. “Moreover, after the law was amended.”

An initiator of the amendment MP Vakhtang Khmaladze thinks the amendment will not hinder the establishment of healthy election environment. “The Code states that Election Day shall be fixed no later than 60 days before the Election Day. It means the election day might be fixed 60 days and 180 days earlier; it depends on the President’s decision. If the prohibition about budget amendments is linked with the date when the election day is announced, the government might face a situation when they never do anything.”

For example, it is approved that sum is allocated from the central budget to pave roads with asphalt in the regions. The projects are produced about the roads throughout the year and funds related with the roads are forwarded to particular municipalities to fund road rehabilitation works. The money must be given to local self-government to announce tender and build the road. The Election Law still prohibits adding new projects to the budget.”

Introductory letter to the draft law stipulates that “the draft law does not contradict international law standards.” Specialists of the ISFED have different opinion on this issue. “Just the opposite, it contradicts the international norms for the following circumstances: on December 19, 2011, the Venice Commission positively evaluated Article 49 Paragraph III of the Georgian Election Code. Also, in the interim report of the OSCE Office for Democratic Institutions and Human Rights on the Parliamentary Elections of October 1, 2012, when assessing the pre-election environment the organizations called on the state institutions to refrain from commencing additional social programs in the election period.”

It is not known yet, whether the Court will discuss the legality of the introduced amendments to the Adjara A/R budget before the results of the presidential elections are summed up.