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About Georgia

from 30 April, 1999

 

The Constitution of Georgia : The Parliament of Georgia
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Constitution of Georgia
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THE CONSTITUTION OF GEORGIA
<< Chapter Two Contents Chapter Four >>

CHAPTER THREE
The Parliament of Georgia

Article 48

The Parliament of Georgia is the supreme representative body of the country which exercises legislative power, determines the main directions of domestic and foreign policy and exercises general control over the Cabinet of Ministers and other function s within the framework determined by the Constitution.

Article 49

  1. The Parliament of Georgia consists of one hundred and fifty deputies elected for a term of four years by a proportional system and eighty five elected by a majoritarian system for a period of four years on the basis of free, universal, equal and direct suffrage by secret ballot.
  2. A citizen having attained the age of twenty five and with the right to vote, may be elected as a Member of Parliament.
  3. The internal structure of Parliament and its activities are determined by the regulations of Parliament.

Article 50

  1. The right to run in elections is granted to citizensí political organization registered in accordance to law, whose initiative is supported by the signatures of not less than 50 000 voters or which has a representative in the Parliament at the time elections are called. The right to run in elections through the majoritarian system is recognized if the individual is supported by 1000 signatories or if the individual was elected a Member of Parliament ins the previous elections.
  2. The mandates of Members of Parliament shall be distributed only among those political parties and electoral blocks which receive at least 5% of the votes of those who participate in the elections held under the proportional system.
  3. Regular elections for Parliament are held at least 15 days before the expiration of its term. If the date for holding the elections falls during a state of emergency or a martial law, elections are held in not more than sixty days after the end of this situation. The President sets the date for an election at least sixty days before such an election.
  4. The authority of the previous Parliament ceases immediately after the first meeting of the newly elected Parliament
  5. The procedure for the election of a Member of Parliament and also his ineligibility to participate in elections is determined by the Constitution and organic law.

Article 51

The first sitting of the newly elected Parliament shall be held within 20 days after the elections. The day of the first sitting is determined by the President. The Parliament will begin its work when the election of two thirds of the Members of Parliament has been confirmed.

Article 52

  1. A Member of Parliament of Georgia is the representative of the whole of Georgia and exercises a free mandate. His recall is impermissible.
  2. Bringing an action against a Member of Parliament, his detention or arrest, or the search of his person, place of residence, car or workplace is permissible only with the consent of the Parliament, except in cases where he is caught in the commission of a crime. In such a case Parliament must be notified immediately. If Parliament does not agree to the Memberís detention, he must be released immediately.
  3. A Member of Parliament has the right not to give evidence on facts disclosed to him as a Member of Parliament. No seizure of documents connected with this matter may take place. A Member of Parliament retains this right after the expiration of his term.
  4. A Member of Parliament is not answerable for the ideas and opinions expressed in and out of Parliament while performing his duties.
  5. The conditions allowing a Member of Parliament to carry out his duties are guaranteed. State bodies guarantee his personal security.
  6. Preventing a Member of Parliament from carrying out his duties is punishable by law.

Article 53

  1. A Member of Parliament may not occupy any position in a state office or carry out entrepreneurial activities. Cases of incompatibility are determined by law.
  2. In the event of a violation of the preceding clause the individual will cease to be a Member of Parliament.
  3. Members of Parliament receive a salary as determined by law.

Article 54

  1. Any question of the recognition of the authority of a Member of Parliament, or the pre-term expiration of his duties, is decided by the Parliament. This decision may be appealed to the Constitutional Court.
  2. The pre-term expiration of duties of a Member of Parliament is possible in the following cases:
    1. resignation;
    2. recognition of the validity of charges by a court conviction;
    3. inability to work as recognized by a court, loss without a trace or death;
    4. occupation of a position or carrying out of activities incompatible with the status of a deputy;
    5. loss of citizenship of Georgia;
    6. failure to participate in the work of Parliament for period of four months without good cause.

Article 55

  1. The Parliament of Georgia for the term of its authority, in accordance to the rules determined by its procedure, elects the Chairman and the Deputy Chairmen of the Parliament, by secret ballot among them one from Abkhazian and one from Adjarian Members of Parliament by their nomination.
  2. The Chairman leads the work of the Parliament, guarantees the free expression of opinions, signs acts adopted by Parliament and performs other duties envisaged by its regulations.
  3. The Deputy Chairmen perform the duties of the Chairman by the Chairmanís order, in case of the Chairman's inability to exercise his authority or his dismissal.
  4. The Chairman on behalf of the Parliament performs the complete administrative functions in the House of Parliament by the procedures envisaged by its regulations.

Article 56

  1. Committees are created in the Parliament for the term of its authority, for the purpose of preliminary preparation of legislative issues, for fostering fulfillment of decisions, for creating bodies responsible to it and for supervision of government activities.
  2. In cases envisaged by the Constitution and the rules of procedure, or by the request of not less than one fourth of the deputies temporary committees are created in the Parliament. Representation of the Parliamentary majority in such committees shall not exceed one half of the total number of the committee members.
  3. Upon the request of the investigative committee presence at sittings, and delivery of necessary documents for an investigation on any particular issue is obligatory.

Article 57

  1. A bureau of Parliament is created for the organization of Parliamentary work. It consists of the Chairman, Deputy Chairmen, deputies of Parliamentary Committees and Parliamentary factions.
  2. The bureau considers the appointment of the officials whose appointment by Parliament is required by the Constitution upon the advise of the appropriate committees and in accordance with the rules of procedure. The decision is submitted to the President and to Parliament. The Bureau also makes decisions on issues relating to the organization of the work of Parliament.

Article 58

  1. Members of Parliament can unite in Parliamentary factions. The number necessary to create a faction must be not less than ten.
  2. The creation and functioning of a faction, as well as its authority are determined by the laws and rules of procedure.

Article 59

  1. A Member of Parliament has the right to question bodies subordinate to Parliament, members of the government, mayors of cities, governors or executive bodies of territorial units at every level and state institutions and to receive answers from them .
  2. A faction and a Parliamentary group of at least ten deputies have the right to question any body subordinate to Parliament and particular members of the government, who must answer these questions at the sittings of Parliament. The answer may become the matter of consideration by the Parliament.

Article 60

  1. Sittings of Parliament and its chambers are public. By a vote of the majority of those present Parliament is authorized to declare a sitting or a part of it closed, while considering a specific issue.
  2. Officials that are elected or appointed and confirmed by Parliament are authorized and may be required to attend sittings of the Parliament, its committees and commissions. Such officials should be heard immediately.
  3. Voting is always open except in cases envisaged by the Constitution and law.
  4. Proceedings of Parliamentary sittings, except for secret matters, are published by Parliament in its Record.

Article 61

  1. The Parliament gathers of its own accord for regular sessions twice a year. The Autumn session opens on the first Tuesday of September and closes on the third Friday of December. The spring session opens on the first Tuesday of February and closes o n the last Friday of June.
  2. The President of Georgia at the request of the Chairman, or not less than one fourth of the deputies or on his own initiative may convene an extraordinary sitting of Parliament in the period between regular sessions. If within 48 hours after such a written submission has been made Parliament has not convened, Parliament is obliged to convene within a further 48 hours according to its rules of procedure.
  3. Extraordinary sittings must have a specific agenda and the sitting closes once the agenda has been completed.
  4. The declaration of war or a state of emergency by the President causes the convening of Parliament within 48 hours. Parliament sits until the end of the particular situation.

Article 62

Decisions of Parliament on war and the cessation of hostilities, emergency situations and issues determined by Article 46 of the Constitution are adopted by the majority of the total number of the Parliament.

Article 63

  1. To introduce a motion to impeach the President of Georgia, a third of the Members of Parliament must agree, in the circumstances envisaged by Article 75.2 of this constitution. The case is submitted to the Supreme Court or the Constitutional Court for judgment.
  2. If the Supreme Court confirms by its judgment that the President has committed the crime adduced or the Constitutional Court confirms the President's violation of the Constitution, the Parliament by a simple majority can vote to put to a vote the impeachment of the President.
  3. The President is considered impeached and removed if not less than two thirds of all the Parliament vote in favor of the motion to impeach.
  4. If the Parliament does not vote within 30 days , the motion is considered dropped and introduction of the same motion is impermissible for one year.
  5. Discussion of the charge brought against the President and the passing of a motion to impeach during war, state of emergency or martial law is not permitted in the Parliament.

Article 64

  1. The right to raise the question of the impeachment of the Head of the Supreme Court, members of government, the Prosecutor General, Chairman of the Chamber of Control and Members of the Council of the National Bank in cases of violation of the Constitution, high treason, or the commission of capital crimes is vested in one third of the total number of Parliament.
  2. By the procedure envisaged in Article 63.2 Parliament is authorized to remove officials listed in the first clause of this Article by the majority of the total members of Parliament. The requirements of Article 63 clause 4 extend to such cases as we ll.

Article 65

  1. The Parliament of Georgia ratifies treaties and international agreements, rejects or abrogates them by the majority of the total number of Parliament.
  2. Treaties and international agreements which require ratification by their terms, must be ratified as well as any treaty and international agreements which:
    1. envisages entrance into an international organization or into inter-state unity;
    2. is of a military character;
    3. concerns the territorial integrity of the state or the changing of the state's borders;
    4. concerns borrowing or lending by the state;
    5. requires a change in international legislation or the adoption of necessary laws and acts having the power of law for the fulfillment of changed obligations.
  3. The Parliament must be immediately notified about the conclusion of treaties and other international agreements.
  4. If a Constitutional Complaint or Submission to the Constitutional Court regarding a treaty or international agreement is made, then ratification is prohibited before a decision is made by the Constitutional Court.

Article 66

  1. A bill is considered passed if it is supported by the majority of those present if those present are not less than one third of the total number of Members of Parliament or by another procedure set forth by the Constitution.
  2. The draft of an organic law is considered adopted if supported by the majority of the total number of Parliament.
  3. The Parliament adopts a resolution in the form of a decree, unless some other procedure is required by the Constitution.
  4. The right to adopt other kinds of resolutions is determined by the rules of procedure of the Parliament.

Article 67

  1. The right to initiate legislation is vested in the President, a Member of Parliament, a Parliamentary Faction, a committee of Parliament, the supreme representative bodies of Abkhazia and Adjaria or not less than 30 000 electors.
  2. A bill submitted by the President may be considered out of term or in an accelerated way.

Article 68

  1. A bill adopted by Parliament is submitted to the President of Georgia within five days.
  2. The President either signs and issues the law within ten days or returns it to the Parliament with further amendments.
  3. If the President returns the bill to Parliament, Parliament votes on President's amendments. For adoption of his amendments the same number of votes is required as in Article 66 of this Constitution. If the amendments are adopted the President is obliged to sign and publish the law within seven days.
  4. If Parliament votes against the President's amendments, the bill as originally passed by Parliament and submitted to the President is voted on again. The law or organic law is considered passed if supported by not less than three fifths of the total number of deputies or by not less than two thirds of the total number of deputies in the case of Constitutional amendments.
  5. If the President refuses to sign the law within the determined period, it is signed and issued by the Chairman.
  6. The law enters into force only on the fifteenth day after its official publication, unless another date is provided.
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