The Legal Issues Committee discussed in an expedited manner the Draft Organic Law on Constitutional Court submitted for the I reading and concerning the dispute between the authorities of the constitutional bodies. Namely, another constitutional body becomes entitled to file a constitutional claim on the authority of a respective body if it considers that the adopted/promulgated legal act or a committed action or omission fully or partially prejudiced its constitutional authority. The right to file the constitutional claim shall be granted to the President, Parliament, Government, High Council of Justice, Prosecutor General, Board of the National Bank, Auditor General, Ombudsman and the supreme representative or executive body of the Autonomous Republic. According to the Chairman, Anri Okhanashvili, the Draft aims at regulation of certain issues related to the dispute between the authorities of the constitutional bodies, stipulated under the Constitution but not fully reflected in the Law on Constitutional Court, deriving from the aspiration and the directive of the Constitution.
“The current edition provides that a normative act shall be necessarily breached to consider a dispute in the Constitutional Court and thus, it contains a gap when the dispute exists between certain bodies concerning the authorities. This is the problem to be regulated under the Draft.
The change will facilitate the enrichment of the constitutional jurisdiction and clarify the competencies without serving as a punitive mechanism”, - added Anri Okhanashvili.