Statement of «Article 42 of the Constitution» towards the Chair of the Constitutional Court of Georgia
06-10-2009
“Mr. Giorgi, on 11 September of the present year the former Chair of the Parliament of Georgia – Ms. Nino Bujranadze lodged a constitutional claim before the Constitutional Court of Georgia. She requests the Court to rule the provision of article 148 of the Tax Code of Georgia as unconstitutional with respect to Articles 21 and 42 of the Constitution of Georgia. The claimant also requests the Court to suspend the enforcement of the impugned provision before the final resolution of the case due to the fact that a public auction is set on 7 October of the present year with a purpose to sell her property and she might suffer irreparable damage because of the unconstitutional provision.
Organization “Article 42 of the Constitution” represents the interests of Nino Burjanadze before the Constitutional Court. We have been notified that a judge rapporteur is not appointed on the case till this day and it is not known when the Court will consider the admissibility of the constitutional complaint.
We consider that if the Constitutional Court will not appoint the preliminary hearing within a reasonable time, then the right to Constitutional Court will be only a formal right for the claimant, as she will be unable to remedy her rights breached by the unconstitutional provision. Moreover, the impugned provision may induce damage to any person who pays taxes. Consequently we ask you to take necessary measures within your competence and ensure the appointment of the preliminary hearing as soon as possible to maintain the institute of the Constitutional Court as the body exercising constitutional control in the country and one of the most important remedies of human rights protection.”
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