Irakli Kobakhidze: today, we adopt the Constitution of the European type based on national interests

“Today, we adopt the Constitutional changes. It is the document built on the national interests, the European type Constitution based on the national interests”, - the Speaker stated introducing the draft Constitutional changes with the III reading. 

He thanked the State Constitutional Commission members and the Staff of the Parliament. Up to this time, Georgia had the negative Constitutional tradition and every time the Constitution was changed, it was done in favor of the Government. “It is the first time when the changes are introduced not in favor of the ruling party and Government but of the long-tern interests of the country. It means establishment of the new Constitutional culture in our country. The document can be named as the first amendment of the Constitution. Previously, the Constitution used to be changed deriving from the subjective interests solely”.

According to him, the first Amendment was initiated by Mikheil Saakashvili facilitating to establishment of improper Constitutional traditions and culture in Georgia.

The Speaker underlined that according to the draft, the ruling party reduces its political positions. “We substitute the improper tradition with the proper. Once again I would like to underline that you cannot find the Articles in the new document improving the political positions of the ruling party. Instead, there are the Articles reducing these positions to ensure the democratic development of the country and to build the stable democratic state”.

He overviewed the draft and stated that the Chapter I provides systemic consideration and regulation of the issues: state sovereignty, state symbols. “I would like to underline that the standard for protection of state symbols is higher. For the first time it is provided in the Constitution that the official language is protected under the organic law, which ensures high standard protection of the official language on the legislative level and high standard protection of the symbols, such are the State Flag, State Coats of Arms and the State Anthem. The procedure similar to the Constitutional changes will be necessary to change the state symbols. The democracy, legal state and social state principles are as well enhanced with new standards. For the first time, the Constitution provides the new Article on social state, adding the new guarantees for democracy and legal state principles as well. The new Article concerns the economic freedom”.

The Chapter II provides the human rights higher standards. As to the editorial changes, there are sundry: “Article 16 providing freedom of religion, confession and conscious. The paragraphs 2 and 3 are relocated due to that the paragraph 3 provides the human rights restriction basis and the paragraph 2 provides that no one shall be persecuted for religion, confession or conscious. It is as well specified that the agricultural land as a special purpose resources can be owned by the state, municipal unit, Georgian citizen(s) solely. Here we have some exceptions on the basis of the organic law to be adopted with 2/3 of majority”.

The Chapter III concerns the Parliament. “These changes strengthen the opposition rights in their Parliamentary life, including the right to set up the fact finding commissions. Another fundamental change concerns the electoral system. Starting from November, 2020 after the Parliamentary elections, the proportional system shall be applied along with the 5% threshold. The current edition envisages the bonus system, though we stated that this record will be extracted from the text. It requires initiation of the new draft as we have already promised the Venice Commission”.

The significant changes also concern the President. “It is important that we move to the indirect Presidential elections as positively estimated by the Venice Commission. The status of the President remains unchanged. His authorities are regulated and dissociated from the authority of the Government which was up to this time vague. It was one of the recommendations of the Venice Commission in 2010”.

Fundamental changes are as well introduced to the Chapters on the Government and the judicial authority. “The vote of non-confidence is regulated under the European standards, which was one of the gaps of the current Constitution. It was stated by the Venice Commission in 2010. Now, this gap is eliminated in the new edition. As to the judicial authority, new guarantees are provided for immunity and independence of the judges”.

One of the defective Chapters was related to defense and security and now, these issues are due regulated. New guarantees are provided to ensure independence and autonomy of municipalities. As to the revision of the Constitution, innovative procedure is established: “envisaging approval of the Constitution by the new Parliament approved by the previous Parliament. In this case solely the changes can be introduced to the Constitution other than the events when the Parliament adopts the Constitutional law with ¾ of majority”.

The Speaker underlined that “the record remains valid that the first indirect Presidential elections will be held after the direct election of the President in 2018”. The speculations on these issues started immediately after set up of the Constitutional Commission. “They even stated that the reason of the changes was prevention of the incumbent president from re-running. To eliminate all the grounds for speculations, we stated that if indirect Presidential elections are enacted they will not apply to the incumbent President. Hence, we will adhere to this norm for the forthcoming Presidential elections. Correspondingly, the Constitutional law envisages application of this norm after election of the new President in 2018”.