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Presentation of the research at the Hotel Marriott
16-10-2008
Organization “Article 42 of the Constitution” presented the results of the research “Activity of the Constitutional Court and constitutional control in Georgia” to the public.
The report is based on the research, the objective of which was to assess the functions and operation of the Constitutional Court in Georgia.
The report reveals the gaps in legislation, the problems and possible ways of improvement in this field. Furthermore, the report covers several practical issues, particularly, topic of the potential victim, as the court usually dismisses the claims presented by potential victims; protection of the rights of the claimant, effectiveness of the court judgments etc. The problems of enforcement of the court judgments is discussed as a separate issue, as well as the tendency of implementation of the international norms in the court decisions. As an exemplary model, report presents the Constitutional Court of Germany and considers the distinctions and parallels between the German model and the Georgian one. The report includes detailed information about the application procedures to the Constitutional Court, relevant time limits, parties of the proceedings, objects of the claims, also the enforcement procedures and related problematic issues; the case-law and the implementation of the international agreements are also the objects of assessment.
Presentation of the report of the research was attended by a number of governmental, non-governmental and international organizations and representatives of the Constitutional Court. The participants discussed the conclusions and recommendations of the research, also the problematic issues related to the Constitutional litigation.
Organization also informed the public that the implementation of the project “Building public demand for better legislation” was continued and organization “Article 42 of the Constitution” will still work in the direction of improvement of constitutional litigation.
All participants of the meeting unanimously agreed that the conducted research carries a major role in eradication of the gaps in the constitutional litigation, which will lead to the enhancement of the constitutional control.
The research was carried out in the framework of the project: “Building public demand for better legislation”, which is implemented by the organization “Article 42 of the Constitution” with financial support of the american organization “National Endowement for Democracy”.
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