The Constitutional Court releases information regarding the hearing of a lawsuit concerning the constitutionality of political parties' activities and the issue of their prohibition

The Constitutional Court of Georgia is releasing information regarding the hearing—scheduled for October 21, 22, and 23—of a lawsuit concerning the constitutionality of political parties' activities and the issue of their prohibition. Specifically, on October 21, 22, and 23, at 12:00, the Constitutional Court of Georgia will hold a hearing on the merits regarding the case: "Constitutional Claim by Members of the Parliament of Georgia (a total of 88 members) concerning the constitutionality of the activities of political parties ('Unity – National Movement,' 'Coalition for Change – Gvaramia, Melia, Girchi, Droa,' 'Strong Georgia – Lelo, For the People, For Freedom!,' 'Federalist Party,' and 'Gakharia – For Georgia') and the issue of their prohibition" (Constitutional Claim No. 1979).

According to the authors of the constitutional claim, it is clearly established that all five political parties mentioned in the claim have violated the first sentence of Article 23, Paragraph 3 of the Constitution of Georgia. This violation has, on the one hand, already manifested in attempts to overthrow the constitutional order of Georgia and replace it through violence, and, on the other hand, is evidenced by the continued objective to overthrow the constitutional order of Georgia and replace it through violence in the future. According to the constitutional claim, in the context of assessing the constitutionality of the activities of "Unity – National Movement," the constitutional grounds concerning the infringement of the country's independence and the violation of its territorial integrity are also particularly relevant. More specifically, the authors of constitutional claim No. 1979 develop their arguments along several lines: the overthrow or violent alteration of Georgia’s constitutional order—manifested in the systemic and systematic violation of human rights by the political parties in question or their members, the refusal to recognize the legitimacy of bodies and officials elected through general elections, and attempts to overthrow or violently alter the constitutional order; and the infringement of Georgia’s independence and the violation of its territorial integrity—manifested through events related to the August 2008 war and developments that took place after 2012. Meanwhile, according to the plaintiff’s position, the defendant political parties have, since 2016, consistently rejected the legitimacy—both domestic and foreign—of Georgia’s incumbent government and the ruling political party, and, by extension, their constitutionality. Furthermore, the unity of their unconstitutional objectives is evidenced by the following circumstances: within bodies elected through general elections, in the political processes unfolding in Georgia, and—notably—in acts of sabotage directed against the Georgian state, these parties have for years maintained a qualitatively identical stance; they have formed a coalition acting upon a shared aspiration, and they continue to operate in this manner to this day. The individuals who are, or were, in leadership positions within the respondent political parties were elected as members of the Parliament of Georgia (in various convocations) upon nomination by "Unity – National Movement" or an electoral bloc in which it participated; they held various party positions within "Unity – National Movement"; and/or, during the period when "Unity – National Movement" governed the country (2004–2012), they held various significant positions (including political positions and state-political positions)—or, during that same period, "Unity – National Movement" committed violations of human rights with their assistance and participation. "Based on all the above, the plaintiffs—members of the Parliament of Georgia—argue that the facts and arguments presented in the constitutional claim, when considered in light of the Constitution of Georgia and the jurisprudence of the European Court of Human Rights, establish a solid constitutional basis for banning unconstitutional political parties. Consequently, invoking the first sentence of Article 23, Paragraph 3, as well as Paragraph 4 of the Constitution of Georgia, the plaintiffs request that the Constitutional Court of Georgia declare the activities of the respondent political parties unconstitutional and impose a ban upon them," the statement reads.

The case will be heard on its merits by the Plenum of the Constitutional Court of Georgia.

Subject of the dispute: Declaring the activities of the political parties ("Unity – National Movement," "Coalition for Change – Gvaramia, Melia, Girchi, Droa," "Strong Georgia – Lelo, For the People, For Freedom!," "Federalist Party," and "Gakharia – For Georgia") unconstitutional and banning them.