|
The Constitutional Court of Georgia is the judicial body of constitutional review, having the greatest significance with the view of securing constitutional provisions and separation of powers, and protecting human rights and freedoms. The Constitutional Court was established in 1996. The legal basis of its organisation and activity is the Constitution of Georgia, the Organic Law of Georgia "On the Constitutional Court of Georgia", the Law of Georgia "On the Constitutional Legal Proceedings" and the Rules of the Constitutional Court. In 2002 the aforementioned legislative basis was improved, amendments moved to the Organic Law of Georgia "On the Constitutional Court of Georgia" and to the Law of Georgia "On the Constitutional Legal Proceedings", the constitutional legal proceedings being made simplified and more expeditious. The Constitutional Court of Georgia was moved from Tbilisi to Batumi on 5 July 2007. ==Structure and elections/appointments== The Constitutional Court of Georgia consists of nine judges. All three branches of state powers participate in the formation of the Constitutional Court on an equal basis—three members are appointed by the President of Georgia, three members are elected by the Parliament by not less than three-fifths of the number of the members of the Parliament on the current nominal list, and three members are appointed by the Supreme Court. The term of office of a judge of the Constitutional Court is ten years. A member of the Constitutional Court is independent in carrying out his/her duties. He/she evaluates the factual circumstances and reaches a decision only in accordance with the Constitution of Georgia. Interference in the activity of a member of the Constitutional Court is impermissible. The Constitution secures the personal immunity of a member of the Constitutional Court. The legislation provides for other guarantees with the view of securing independent activity of a member of the Court. The Constitutional Court of Georgia elects the President of the Constitutional Court among its composition for a term of five years. A candidate to the office of the President of the Court is nominated by an agreed proposal of the President of Georgia, the President of the Parliament of Georgia and the President of the Supreme Court of Georgia. The President of the Court may not be re-elected. The President of the Constitutional Court convenes and presides over the sittings of the Plenum of the Constitutional Court, signs the acts passed by the Plenum, submits the Rules of the Constitutional Court and the By-law of the Staff to the Plenum for approval, allocates the constitutional claims and constitutional submissions, maintains general guidance over the functioning of the Staff of the Constitutional Court, appoints and dismisses staff members, disposes of the budgetary assignations of the Constitutional Court, discharges other authority defined by the legislation and the Rules of the Constitutional Court. Two Vice-Presidents of the Constitutional Court and the Secretary to the Court are elected by the Plenum upon the submission of the President of the Constitutional Court for a term of 5 years. A Vice-President may not be re-elected. A Vice-President of the Constitutional Court presides over sittings of a Board, performs particular functions under the instructions of the President of the Constitutional Court. In case of absence of the President of the Court or his/her inability to perform functions, one of the Vice-Presidents acts on the President’s behalf under the instructions of the latter. The Secretary to the Constitutional Court is in charge of preparatory measures of the sittings of the Plenum and Boards, organises the maintenance and lay out of the minutes of the sittings and dispatch of formal documentation, takes measures with the view of enforcing judgments of the Constitutional Court etc. The Constitutional Court of Georgia consists of the Plenum and two Boards. There are all nine members of the Constitutional Court represented on the Plenum. Each of the Boards consists of four judges. The composition of the Boards is approved by the Plenum upon the submission of the President of the Court. While considering and adjudicating upon a case, a Board acts as the Constitutional Court. Those entitled to lodge a constitutional claim or a constitutional submission with the Constitutional Court are: the President of Georgia, not less than one fifth of the members of the Parliament of Georgia, a court of general jurisdiction, the higher representative bodies of Abkhazia and of the Autonomous Republic of Ajara, the Public Defender, legal entities of Georgia, citizens of Georgia and other individuals residing in Georgia. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Constitutional Court of Georgia」の詳細全文を読む スポンサード リンク
|