Ombudsman Believes Amendments to the Law on Public Service Are Unconstitutional

Maka Malakmadze, Adjara

In accordance to the Article 134’4 of the Law on Public Service, after 2014 Local Self-Governmental Elections every public servant will become interim employee at the local self-governmental bodies. Their labor contract will be valid before people selected by competition replace them on the position. The Public Defender of Georgia appealed the amendment at the Constitutional Court.

Nino (anonymous respondent) works in a local self-governmental agency in one of the districts of Adjara Autonomous Republic. She was already warned about amendments introduced to the Law on Public Service. She said she is preparing for the competition and revising laws necessary for the test. “I try to keep my position. So, I will take part in the competition by all means.”

Amendments were introduced to the Law on Public Service on February 5, 2014. According to the amendments, every public servant, including those hired through competition, will become interim employees after June 15 local elections and new competition will be announced. Public Defender of Georgia appealed the amendments at the Constitutional Court of Georgia.

Public Defender lodged the constitutional lawsuit on April 7, where he requested the court to declare the aforementioned article as non-constitutional.

Information published on the official website of the Georgian Public Defender reads: “Article 1344 of the Law on “Public Service of Georgia” contradicts the first paragraph of the Article 29 and the first paragraph of Article 42 of the Constitution of Georgia, which sets respective guarantees for the public servants. This constitutional provision prohibits unlawful dismissal of the public servants from service.”

The constitutional lawsuit includes additional arguments, which states that “challenged provision contradicts first paragraph of the Article 42 of the Constitution of Georgia. On this regard, European Court of Human Rights’ and other constitutional courts’ case laws were presented.”

The Constitutional Court has not yet fixed date for discussion. Public Defender of Georgia additionally requested to suspend action of the amended provision before the Constitutional Court delivers judgment on the lawsuit.