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The Venice Commission Adopted Final Opinion on Georgia’s Revised Draft Constitution

The Venice Commission Adopted Final Opinion on Georgia’s Revised Draft Constitution

The European Commission for Democracy through Law (the “Venice Commission”) adopted at its 112th Plenary Session on 6-7 October the final opinion on the draft revised constitution as adopted by the Parliament of Georgia at the second reading on 23 June 2017.

The Venice Commission reiterates its previous positive assessment, notably that the constitutional reform process completes the evolution of Georgia’s political system towards a parliamentary system and constitutes a positive step towards the consolidation and improvement of the country’s constitutional order, based on the principles of democracy, the rule of law and the protection of fundamental rights.

The Venice Commission has welcomed the introduction of the requirement of a qualified majority of 2/3 of the votes of the Election Board in a presidential election; the explicit mention of the principle of proportionality in draft Article 34(3); the lifetime appointment for the judges of the Supreme Court; the abolition of probationary periods for judges as from 31 December 2024; the election of the Public Defender for a longer term (6 years instead of 5) by a qualified majority in parliament; and the explicit mention of children’s rights in the title of draft Article 30.

Additional recommendations provided by the Venice Commission include removing the prohibition of “creation of political parties on territorial grounds” and modifying the process of the appointment of Supreme Court judges to better guarantee their independence.