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The differentiation between the preliminary hearing and the hearing on the merits has a practical function in constitutional proceedings. Considering the growing trend in terms of application to the Constitutional Court of Georgia since 2015, in order to observe the principles of expediency of justice and procedural economy, it is important to have a clear boundary between the procedures and legal outcomes of the said two hearings. However, this should not prejudice the legal interests of the parties to the proceedings or exclude their adequate protection at any stage of the hearing.
The applicable legislation does not provide an unequivocal answer as to whether it is possible to evaluate the restriction of a fundamental human right at the stage of hearing a case on the merits as well.
The analysis of the relevant provisions of the Organic Law of Georgia on the Constitutional Court of Georgia allows drawing a logical conclusion in favour of the evaluation of restriction of fundamental human rights at the stage of preliminary hearing. The said position has been supported by judges in a number of hearings on the merits, which is confirmed by the minutes and audio and video recordings of the hearings.
In the current circumstances, the legal analysis of this issue is important to the extent that, at any stage of the proceedings, on the basis of the newly revealed factual circumstances or arguments, nothing excludes the re-evaluation of the facts evaluated during the preliminary hearing.
In addition, in exceptional cases, the judicial practice has proved otherwise as well.
Normative Acts
1. The Constitution of Georgia, 24/08/1995.
2. The Organic Law of Georgia on the Constitutional Court of Georgia, 31/01/1996.
3. The Law of Georgia on Constitutional Proceedings, 21/03/1996.
4. The Rules of the Constitutional Court of Georgia, 14/02/2020.
National Research Literature
1. Kakhiani G., Constitutional Control in Georgia and the Challenges of its Functioning: Analysis of Legislation and Practice, 2008.
2. Loladze B., Macharadze Z., Pirtskhalashvili A., Constitutional Justice, Tbilisi, 2021.
3. Baramashvili T., Macharashvili L., Standards of Admissibility of Constitutional Claims
(Practical Guide), 2021.
4. Eremadze K., The Balancing of Interests in a Democratic Society, 2013.
5. Group of authors, Introduction to Constitutional Law, Sulkhan-Saba Orbeliani University Press, Tbilisi, 2021.
6. Group of authors, Introduction to Constitutional Law, Second edition, Sulkhan-Saba Orbeliani University Press, Tbilisi, 2021.
Foreign Literature
1. Loladze B., Das Rechtsstaatsprinzip in der Verfassung Georgiens und in der Rechsprechung des Verfassungsgerichts Georgiens, Potsdam, 2014.
2. Hopfauf A., Kommentar zum Art. 93 GG, in: Schmidt-Bleibtreu B., Klein F. (Begr.), Hofmann H., Hopfauf A. (Herg.), GG – Kommentar zum Grundgesetz, 12. Auflage, Köln, 2011.
Judgments of the Constitutional Court of Georgia
1. Ruling No 1/2/563 of 24 June 2014 of the Constitutional Court of Georgia in the case Austrian citizen Matthias Hutter v. the Parliament of Georgia.
2. Ruling No 1/3/469 of 10 November 2009 of the Constitutional Court of Georgia in the case Citizen of Georgia Kakhaber Koberidze v. the Parliament of Georgia
3. Record of minutes No 2/10/1264 of 27 July 2018 of the Constitutional Court of Georgia in the case Citizens of Georgia Giorgi Mamaladze, Giorgi Phantsulaia, and Mia Zoidze v. the Parliament of Georgia.
4. Record of minutes No 2/11/663 of 7 July 2017 of the Constitutional Court of Georgia in the case Citizen of Georgia Tamar Tandashvili v. the Government of Georgia.
5. Record of minutes No 3/5/1792 of 15 December 2023 of the Constitutional Court of Georgia in the case Nikoloz Tomasiani v. the Parliament of Georgia and the Minister of Justice of Georgia.
6. Judgment No 2/2/558 of 27 February 2014 of the Constitutional Court of Georgia in the case Citizen of Georgia Ilia Chanturaia v. the Parliament of Georgia, II, 35.
7. Judgment No 3/2/574 of 23 May 2014 of the Constitutional Court of Georgia in the case Citizen of Georgia Giorgi Ugulava v. the Parliament of Georgia.
8. Judgment No 2/4/603 of 28 October 2015 of the Constitutional Court of Georgia in the case Public Defender of Georgia v. the Government of Georgia.
9. Judgment No 2/482,483,487,502 of 18 April 2011 of the Constitutional Court of Georgia in the case Political association ‘Movement for United Georgia’, political association of citizens ‘Conservative Party of Georgia’, citizens of Georgia Zviad Dzidziguri and Kakha Kukava, the Georgian Young Lawyers’ Association, citizens Dachi Tsaguria and Jaba Jishkariani, Public Defender of Georgia v. the Parliament of Georgia.