Constitutional Court Discussed Ucha Nanuashvili’s Lawsuit

Maka Malakmadze, Adjara

Constitutional Court of Georgia discussed constitutional lawsuit of the citizens Ucha Nanuashvili and Mikheil Sharashidze. The suitors appealed the 1st and 2nd Paragraphs of the Article 110 of the Election Code of Georgia. They believe they are non-constitutional in comparison with the Articles 14 and 28 of the Constitution of Georgia. Namely, the suitors request change in the formation of single-seat election districts for Parliamentary Elections. The defendant in the case was Parliament of Georgia.

Selected election principle works in Georgia during Parliamentary Elections. Voters have to elect 73 single-seat MPs in addition to the candidates from proportional lists. Each election district has one single-seat MP regardless the number of voters in it. For example, according to the CEC, 5 776 voters are registered in Kazbegi DEC; 158 502 voters in Kutaisi that is 30 times more than in Kazbegi. Regardless this fact, both DECs will have one single-seat MP in the parliament.  

At the trial, Ucha Nanuashvili named 11 DECs, where number of voters is 1 443 564 –that is 40% of the total Georgian electorate. Those DECs are Vake, Saburtalo, Isani, Samgori, Nadzaladevi, Gldani districts in Tbilisi, Rustavi, Gori, Kutaisi, Zugdidi and Batumi DECs. “11 single-seat MPs will be elected in the Parliament of Georgia from the aforementioned DECs whilst their number should be about 29 if the Election Code is fairer.”

Based on the requirements of the suitors, the number of voters shall be balanced according to the DECs. “Full balance is impossible due to geographic locations. However, the difference shall not be more than 10-15% in order not to breach the equality principle of votes. Recommendations of the Venice Commission and OSCE conclusions claim the same,” Mikheil Sharashidze told the Court.

The representative of the Parliament of Georgia requested to introduce changes into the Election Code for the next parliamentary elections if the court satisfies the lawsuit. “The issue is really complicated. If the court satisfies the lawsuit, we request you not to put it in force until already elected single-seat MPs finish implementation of their mandate.” 

The trial lasted almost five hours. The first collegium of the Constitutional Court discussed the case; the judgment will be published soon.

The constitutional lawsuit was sent to the Constitutional Court of Georgia on December 10, 2012. At that time Ucha Nanuashvili was executive director of the Human Rights Center.