Opinion: 'What happened in Georgia can only be described as power grab'
Georgia needs new parliamentary elections
“The 11th [convocation of] Parliament of Georgia held its first session on November 25 and voted to recognize its own authority, but it had no right to do so. By doing this, the deputies placed themselves above the Constitution,” says constitutional expert Vakhtang Khmaladze.
On November 25, Georgia‘s newly elected 11th Parliament held its first session amid a large-scale protest. The protesters claimed that the October 26 elections were falsified, labeling the parliament as illegitimate and self-proclaimed.
Only MPs from the ruling Georgian Dream party participated in the first session. According to the official election results announced by the Central Election Commission, the party secured nearly 54% of the vote, winning 89 out of 150 seats. Four opposition groups that also entered parliament have refused to take part and are demanding new elections.
MPs from the ruling party entered the parliament building and later left under the protection of special forces. The area around the parliament and the government district were heavily secured by law enforcement and specialized equipment.
Constitutional expert Vakhtang Khmaladze
“Lawsuits challenging the legitimacy of all 150 newly elected MPs are currently under consideration in the Constitutional Court, filed by the president and members of parliament.
Until the court rules on these lawsuits, the parliament, according to the Constitution, has no right to discuss the authority of its members.
The parliament would only be allowed to convene in two cases: if the Constitutional Court did not accept these lawsuits for review, or if it examined them and found them to be unfounded. However, neither of these outcomes has occurred.
By convening, the parliament has placed itself outside the Constitution. This can only be described as a power grab, which is also prohibited by the Constitution.
We must use all available mechanisms to prevent this power grab. The authorities may take actions in the future that could put us—those of us already in a difficult situation—into an even more precarious position.
Khmaladze believes the situation warrants a case before the European Court of Human Rights in Strasbourg. “For this, we need suitable plaintiffs, and I know such a group exists,” he said.
“The Constitution is a legal document that protects our rights. But we must not forget that the Constitution itself also requires protection.
When someone attempts to violate it, we, the people, must defend it. The Constitution clearly states that no one has the right to usurp power. This is not written without reason. Such actions have occurred before and could happen again,” says Khmaladze.
The constitutional expert sees the solution to the current crisis in holding new elections.
“All constitutional law textbooks state that early elections are held to resolve a political crisis. But this is not part of Georgian Dream’s plans,” Khmaladze said.
Georgia needs new parliamentary elections
