Case Law of the European Court of Human Rights in Decisions of the Constitutional Court of Georgia
DOI:
https://doi.org/10.52340/jds.2022.03.03.03Keywords:
European Court of Human Rights, Decision, European Convention on Human Rights and Fundamental Freedoms, Constitutional Court of Georgia, Case lawAbstract
The article deals with the problem of using the European Court of Human Rights (ECtHR) case law by the Constitutional Court of Georgia. For this purpose, the place of the international treaty in the hierarchy of the legal system of Georgia is first reviewed, whereby it is shown that this issue lies in a gray area. In addition, decisions of the Constitutional Court of Georgia are analyzed, where it is found that in their decisions, the ECtHR case law is rarely interpreted. It is also found that since 2012, the Constitutional Court of Georgia has not interpreted the European Convention on Human Rights and Fundamental Freedoms or the ECtHR case
law at all, even though in many cases at least one side used the ECtHR case law in its argument. In such cases, it seems the Constitutional Court of Georgia would simply state the position of the party but not indicate its own opinion - whether the court shared it or not, or why.
References
Arnold R., Constitutional Courts of Central and Eastern European Countries as a Dynamic
Source of Modern Legal Studies, Tulane European & Civil Law Forum, Vol.18, 2003.
Gegenava D., Legal Models of Church-State Relations and Constitutional Agreement of Georgia, published by Prince David Institute for Law, Tbilisi, 2018.
Gegenava D., Some Issues of Motivation of the Decision of the Constitutional Court of Georgia,
Giorgi Kverenchkhiladze 50, Tbilisi, 2022.
Gerards A., Fleuren J. (eds.), Implementation of the European Convention on Human Rights
and of the Judgments of the ECtHR in National Case-Law. A comparative analysis, Intersentia
Publishing Ltd., Cambridge, United Kingdom, 2014.
Korkelia K., An International Treaty in the International and Domestic Law, Tbilisi, published by
Tbilisi State University, 1998.
Korkelia K., Kurdadze I., International Law on Human Rights According to the European Convention on Human Rights, Tbilisi, 2004.
Korkelia K., The Role of the European Court of Human Rights`s Case-Lawin the Practice of
Georgian Courts. “Protecting Human Rights in the National and International Law”, Digest
of Articles, published by the Georgian Young Lawyers’ Association, Tbilisi, 2002.
Korkelia K., Towards Integration of the European Standards: European Convention on Human
Rights and European and Experience of Georgia, published by Institution of State and Law
and Council of Europe, Tbilisi, 2007.
Korkelia K., Use of the European Convention on Human Rights in Georgia, Tbilisi, 2004.
Nastić M., Echr and National Constitutional Courts, 71 Collection Papers Fac. L. Nis, 2015.
Normative acts Resolution of the Parliament of Georgia “on Ratification First Protocol of the European Convention on Human Rights and Fundamental Freedoms”, December 27, 2001.
The Constitution of Georgia, 1995.
The Organic Law of Georgia “on the Constitutional Court of Georgia”, 1996.
Case law
Aleksandre Danelia and Giorgi Tsomaia v. The Parliament of Georgia, decision N1/2-14-19, December 30, 1996.
Citizen Akaki Gogichaishvili v. The Parliament of Georgia, judgement N2/1/241, March 11, 2004.
Citizen Avtandil Rijamadze V. the Parliament of Georgia, 2. A Citizen Neli Mumladze v. The Parliament of Georgia, judgement N2/6/205,232, July 3, 2003.
Citizen of Denmark Heike Qronquist v. The Parliament of Georgia, judgement №3/1/512, Jun26, 2012.
Citizen of Georgia Anzor Tevzaia v. The Parliament of Georgia, judgement N1/5/224, November
, 2004.
Citizens of Georgia Olga Sumbatashvili and Igor Khapov v. The Parliament of Georgia”, judge ment N1/3/161, April 30, 2003.
Citizen of Russian Federation Sergo Mushliani v. the Parliament of Georgia and the Govern ment of Georgia, decision N1/4/212, August 3, 2004.
Citizens Jano Janelidze, Nino Uberi, Eleonora Lag vilava and Murtaz Todria v. The Parliament of
Georgia, judgement N2/7/219, November 7, 2003.
Davit Dzocenidze v. the Parliament of Georgia”, judgement №2/8/765, December 7, 2018.
Georgian Citizens Phiruz Beriashvili, Revaz Jimsherishvili and the Public Defender of Georgia v. The Parliament of Georgia, judgement N2/3/182,185,191, January 29, 2003.
Giorgi Logua v. The Parliament of Georgia, Judgment N1/8/926, November 4, 2022.
Legal Entities under Public Law “Evangelical-Baptist Church of Georgia”,“Evangelical-Lutheran
Church of Georgia”, “Supreme Religious Ad ministration of Muslims of All Georgia”, “Re deemed Christian Church of God in Georgia” and “Pentecostal Church of Georgia” v. The Parliament of Georgia, decision №1/1/811, July 3, 2018.
Head of Conservative (Monarchy) Party of Georgia Temur Djordjoliani and the initiative Group
of Voters of Igor Giorgadze v. The Parliament of Georgia, decision № 2/3/250-269, July 9,2004.
Lela Intskirveli and Ekaterine Chachanidze v. The Parliament of Georgia, judgement N1/1/107,
January 25, 2000.
Londa Toloraia and the Public Defender of Georgia v. The Parliament of Georgia, Judgment
N1/9/1673,1681, November 17, 2022.
LtD “Kaukastransekspeditori Evropa-Azia” v. The Ministry of Finance of Georgia, judgement
N2/2/167-202, January 28, 2003.
“LtD Sveti Development”, “LtD Sveti Group”, “LtD Sveti”, “LtD Sveti Nutsubidze”, Givi Djibladze,
Tornike Djanelidze and Giorgi Kamladze v. The Government of Georgia and the Parliament of Georgia, ruling N1/4/1416, April 30, 2020.
LtD “Uniservisi” v. The Parliament of Georgia, judgement N 2/6/264, December 21, 2004.
Nana Sepashvili and Ia Rekhviashvili v. The Parliament of Georgia and the Minister of Justice of
Georgia, the ruling N1/1/1404, June 4, 2020.
Nikoloz Lomidze v. the Parliament of Georgia, Judgment N1/5/1472, June 17, 2022.
N(N)LE “Media Development Foundation” and N(N)LE “Institute For Development of Freedom
of Information” v. The Parliament of Georgia, Judgment N1/4/693,857, June 7, 2019.
Non-Entrepreneurial (Non-Commercial) Legal Person “Phrema” v. The Parliament of Georgia, the judgement №2/8/734, December 28, 2017.
The Public Defender of Georgia and Citizen of Georgia Ketevan Bakhtadze v. The Parliament of Georgia, judgement N 1/3/209,276, June 28, 2004.
The Public Defender of Georgia v. The Parliament of Georgia, judgement N1/5/193, December
, 2003.
The Public Defender of Georgia v. The Parliament of Georgia, ruling №1/6/1292, October 19, 2018.
Internet sources
Chart of signatures and ratifications of Treaty 005. Convention for the Protection of Human
Rights and Fundamental Freedoms.https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/005/signatures
Grand Chamber Advisory Opinion concerning the recognition in domestic law of a legal parent-child relationship between a child born through a gestational surrogacy arrangement abroad and the intended mother Re quested by the French Court of Cassation (Request no. P16-2018-001), April 10, 2012. https://hudoc.echr.coe.int/eng#{%22item id%22:[%22003-6380464-8364383%22
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 George Goradze
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
