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Politics

The Government System of Georgia

Goergia is a country located in the Caucasus region and it is bordered with Russia, Turkey, Armenia and Azerbaijan and also has a coast along the Black Sea, it has disputed territory which is South Ossetia and Abkhazia who have declared independent republics with the backing of Russia but is widely unrecognized by the wider international community with most still viewing it as part of Georgia. The country’s capital city is Tbilisi, located near to the Azerbaijan border.

During the earliest known times what is today Georgia was a number of independent Georgian Kingdoms, which eventually adopted Christianity in the 4th Century, this played a large part in uniting the Georgian Kingdoms as a single Kingdom which reached its Golden Age in the 12th and early 13th Century before going into decline and breakup due to influence of the Mongols, Ottoman Empire and various dynasties of Iran.

In the later 18th Century the Georgian Kingdom of Kartli-Kakheti made an alliance with the Russian Empire leading to the Kingdom being annexed by them in 1801 and the Georgian Kingdom of Imereti also being annexed in 1810, treaties with Iran and the Ottomans lead to acceptance of Russian rule over the Georgians and through the rest of the 19th Century the remaining Georgian territories were absorbed into the Russian Empire.

The Russian Revolution and Civil War led to Georgia briefly joining the Transcaucasian Federation and then a short-lived independent republic called the Democratic Republic of Georgia in 1918, but this ended in 1921 after the Soviets invaded the country and set up a new government leading to Georgia joining a new Transcaucasian Federation run by the Soviets, Georgia then became one of the founding Republics of the Soviet Union.

Protests against de-Stalinization reforms in 1956 lead to the deaths of almost 100 students and in the 1980s a movement for independence begun to gather pace and was achieved in April 1991 due to the Soviet Union being close to collapse. During this time Georgia went through its own crisis due to a number of civil conflicts related to ethnic tensions, successionist wars in Abkhazia and South Ossetia and a violent military coup against the first democratically elected government. The country also went through an economic crisis.

The Rose Revolution in 2003 led to the peaceful changing of power in the country after disputed election results and a transition to closer ties with the West with aims at NATO and European integration, this lead to a souring of relations with Russia and subsequently the Russo-Georgian War in 2008 which lead to Russia enabling Abkhazia and South Ossetia to declare independent republics, which is widely unrecognized by the West who see them as Georgian territory occupied by Russia. Georgia recognizes Abkhazia as an autonomous republic which is a part of Georgia while it does not recognize South Ossetia as having any special status.

Georgia has been considering whether to reinstate a monarchy, in this sense it would be a constitutional monarchy alongside an elected government with a Prime Minister and would likely abolish the position of President.

Government Type

Coat of Arms of Georgia.

Georgia is a semi-presidential republic and a parliamentary representative democratic republic with a President who is the ceremonial Head of State and the Prime Minister who is the Head of Government. The legislative government is made up of a unicameral parliament. Multiple parties are allowed.

Although the parliament is currently a single chamber, there are plans to create a 2nd higher chamber called the Senate after appropriate conditions are met, it could be that until the issue with South Ossetia and Abkhazia is resolved, there will not be a Senate.

The constitution says that the Senate shall consist of members elected from the Autonomous Republic of Abkhazia, Autonomous Republic of Ajara, and other territorial units of Georgia and also five further members appointed by the President.

The Executive Government

Giorgi Gakharia, current Prime Minister of Georgia. Photo by Davit Teteloshvili from Wikimedia. CC BY-SA 4.0. Source.

The President is the country’s head of state representing the country abroad but the position is mostly ceremonial with limited powers. Members of parliament can be removed due to a judgement of conviction that comes into force against them; or a court recognizes as incapable or missing; or if the legislator holds a position or engages in activity incompatible with the status of legislator; if the legislator loses Georgian citizenship; or if the legislator fails to participate in the work of parliament for at least a period of four months without a good reason being given, removal of legislators can be appealed at the country’s Supreme Court.  

Powers and Duties  

It is the duty of the President to represent Georgia in its foreign relations and the President is the Commander-in-Chief of the country’s armed forces. The President, with agreement from the Government, concludes and negotiates treaties and international agreements, can appoint and dismiss ambassadors and other diplomatic representatives on recommendation of the Government and also accredit ambassadors and other diplomatic representatives of foreign states and international organisations in agreement with the Government.  

The President can conclude a constitutional agreement with the Apostolic Autocephalous Orthodox Church of Goergia on behalf of the State of Goergia.  

The President conducts the procedure of appointing the Prime Minister after parliamentary elections. The President assigns an acting Government to perform official duties until a new Government is sworn in.  

The President, in accordance with the Constitution, nominates before Parliament and appoints, releases, and dismisses officials. The President also appoints a member of the High Council of Justice as determined by law. The President participates in the appointment of a Chairperson and members of the Central Election Commission under the procedure and determination of organic law. The President also nominates candidates to be members of the National Regulatory Authorities to Parliament in agreement with the Government.  

The President nominates a Chairperson of the Government of the Autonomous Republic of Ajara for approval of the Supreme Council of Ajara after its elections have taken place, the nomination is made after consulting with political entities in the Council and with prior consent given by the Government of Georgia.  

On recommendation of the Government and consent of Parliament, the President has the right to suspend the activity of self-government bodies or other representative institutions off territorial units or dismiss them if their activities jeopardize the sovereignty, territorial integrity of the country, or the exercise of constitutional powers by state bodies.  

The President can make decisions on issuing citizenship or asylum.  

The President can grant pardons to convicts.  

The President appoints members of the National Security Council, and with agreement of the Government can appoint and dismiss the Chief of the General Staff of the Armed Forces of Georgia and other commanders.  

The President can dissolve parliament under specific circumstances as given by the constitution. The President cannot dissolve parliament within 6-months after a parliamentary election unless parliament fails to agree on the appointment of a Prime Minister; cannot dissolve parliament while raising the question of or pursuing impeachment of the President; cannot dissolve parliament during a state of emergency or martial law; and cannot dissolve parliament within the last 6-months of the President’s tenure unless again there is a situation where parliament cannot agree on a Prime Minister.  

At the request of the Chairperson of the Parliament of Georgia or by at least one-fourth of legislators or by recommendation of the Government the President shall convene a special session of Parliament on a specific agenda.  

The President promulgates legislation that has been passed by the Parliament of Georgia, the President must promulgate it within 10-days of receiving it or return it to the parliament for a 2nd opinion with comments that justify why. The members of parliament can vote to accept the changes suggested by the President or bypass them and pass the same legislation again via a special majority where which if it passes again unchanged the President must promulgate it. If the President fails to promulgate a passed piece of legislation within the given timeframe then the Chairperson of the Parliament of Goergia will do it instead.  

The President appoints a within 30-days referendum on an issue either at the request of the Parliament of Georgia, the Government or at least 200,000 voters.  

The President appoints three members of the Constitutional Court, another three are elected by an absolute majority vote by the Parliament of Georgia and the last three members are appointed by the Supreme Court, the Chairperson of the Constitutional Court is elected among themselves. The members serve 10-year terms.  

Judges and Chairperson of the Supreme Court are elected by the Parliament of Georgia on recommendation of the President.  

Members of the Council of the National Bank are suggested by the President and elected by the Parliament of Georgia.  

Most of the President’s powers require counter-signature by the Prime Minister to have effect, unless otherwise stated in the Constitution.

Presidential Absence  

If the President is unable to discharge their duties or has been terminated from office then the Chairperson of the Parliament of Georgia will fill in as Acting President, if they are unable to do so then the Prime Minister will fill in as Acting President, with the First Vice-Prime Minister filling in as Prime Minister. They will hold the post until the President can discharge duties again or until the remainder of the presidential term ends.  

Acting Presidents are limited on using certain powers.  

State of Emergency and Martial Law  

The President has the ability to declare a state of emergency or martial law under extraordinary and/or serious circumstances that will restrict certain rights and freedoms for a set period of time, such temporary changes on rights include suspension of certain court rights, communication privacy, right to enter private property and right to own and inherit property, freedom of movement, rights to creative work and against censorship of creative works, freedom of speech and mass media, right to public assembly, labour rights, right to strike and freedom of information and information privacy.  

Martial Law and States of Emergency require parliamentary approval and parliament decides on any extension of Martial Law or States of Emergency. Parliament cannot be dissolved during this time and elections are suspended.  

During these times the President has the power to issue decrees with the force of law that will last until the end of the Martial Law or State of Emergency period. Such decrees are reviewed by parliament. 

Presidential Removal  

Certain cases allow the removal of the President from office which is triggered by the Parliament of Georgia. At least one-third of the total number of legislators will raise the question for impeachment of the President, the issue if accepted is referred to the Constitutional Court of Goergia for a decision, the Courts conclusion is then submitted to Parliament and if it confirms that the President has committed certain crimes or violated the constitution the parliament will vote on whether to remove from office within 15-days.  

A vote of two-thirds is required to remove the President from office.  

Impeachment procedure cannot be launched during a state of emergency, martial law or time of war.  

The Government and Prime Minister  

The Government is led by the Prime Minister as Head of Government. It is the job of the government to implement internal and foreign policy of the country. The Government and Prime Minister are accountable to the Parliament of Georgia and must hold their confidence to remain in power.  

The Government also includes various appointed Ministers to run various aspects and departments of the Government and implement policy that is under their competence. The Prime Minister can also assign a member of Government as First Vice-Prime Minister and one or more Government members as Vice Prime Minister/s.  

The Government adopts ordinances and decrees on basis and fulfillment of the Constitution and other legislative acts. These ordinances and decrees are signed by the Prime Minister to have effect.  

The President can request that certain matters be discussed at a Government meeting and can participate in the discussion. The Secretary and other members of the National Security Council can also attend the discussion.  

It is the job of the Prime Minister to determine the directions of Government activity, organise such activity, and also coordinate and control the activity of Government members.  

If requested, the Prime Minister provides a report to the Parliament of Georgia on progress on the Government Programme.  

The Prime Minister appoints and can remove members of Government. The term of Government members ends with the term of Government/the Prime Minister and if the Prime Minister resigns the term of office of the Government members also ends with it.  

The Legislative Government

Parliament of Georgia meeting place. Photo by Diego Delso delso.photo. CC-BY-SA license.

The Parliament of Georgia, which is currently a unicameral chamber, makes up the legislative government. The parliament currently has 150 seats which are elected by the people.  

It is the main job of the parliament to have legislation introduced to it and for such legislation to be debated and possibly amended and then either rejected or passed by a majority of votes, except in the cases where a special increased majority is required, such as for organic legislation or constitutional amendment. It is also the job of parliament to review and pass the state budget and keep the Government and Prime Minister in check and has powers to remove members of Government and or even the entire Government and Prime Minister.  

Legislation passed by Parliament is sent to the President for promulgation.  

Legislation can be introduced by the Government, members of parliament, parliamentary factions, parliamentary committees, and supreme representative bodies of the autonomous republics of Abkhazia and Ajara or by at least 30,000 voters.  

The parliament also votes to ratify, denounce or annul treaties or international agreements.  

Legislators have rights to pose questions to bodies accountable to Parliament and pose questions and get answers from the Government as well as from state institutions and the heads of executive bodies of territorial units at any level.  

An absolute majority of legislators can bring the Prime Minister’s attention to the official responsiblilties of specific members of the Government.  

Parliament makes decisions on issues of state of emergency, martial law and on a state of war or peace.  

The members of the parliament elect a chairperson and two deputy chairpersons, one of the deputies is chosen by legislators from Abkhazia while the other is chosen by legislators from Ajara, due to the Abkhazia situation I am unsure of the current procedure. The Chairperson presides over meetings of parliament and regulates debate and makes sure chamber by-laws are followed, the Chairperson also signs acts of parliament.  

At least one-thirds of the number of total legislators can bring forth the question of impeachment and removal of the Chairperson of the Supreme Court or members of Government, auditor general of the state audit service and members of the council of the national bank if they violated the Constitution or committed and offence, the Constitutional Court will submit its conclusion and if it deems guilt then there is again a vote in parliament to remove the said official, requiring an absolute majority vote.  

Like pretty much all parliaments, committees are formed for the functioning of the parliament such as for preparation of legislative issues, decision implementation, and for exercise of control of entities under the competence of the parliament and Government. The committees are proportional as best as possible to the composition of the current parliament.  

Investigative and other special interim commissions can be set up in parliament for the cases allowed by the Constitution and rules of parliament. At least one-fifth of legislators can call for an investigative or special commission. As always investigative commissions have special powers for compulsory attendance for oral information and request of physical information.  

There is a Parliamentary Bureau made up of the Chairperson, deputy chairpersons and the chairpersons of parliamentary committees and factions, this Bureau is used for the organisation of parliamentary work.  

Parliamentary factions are groups of established legislators who together have special powers under parliamentary rules and increased influence, any legislator can join a faction and factions require at least 6 legislators to be formed.  

The Electoral System

Photo in Public Domain.

Presidential elections happen every 5-years and uses a two-round absolute majority system where a candidate requires an absolute majority of votes to win outright in the first round of voting otherwise there is a 2nd round held between the top two candidates which is won by simple majority. One person can serve a maximum of two consecutive terms.  

NOTE: The above system is soon to be replaced with an Electoral College system, this is said to be happening by 2024.  

To be nominated as a candidate for President one must be a Georgian citizen who is eligible to vote and who is at least 35-years-old and has lived in Georgia for at least 5-years and has lived there for three-years prior to the election.  

Parliamentary elections happen every 4-years to elect the 150 members of the Parliament of Georgia. 77 of the members are elected by a system of proportional representation from multi-seat constituencies which is where the number of seats obtained matches the percentage of the vote as closely as possible, just as long as the party in question reaches a required quota of the vote. The remaining 73 members are elected from single-seat constituencies using a first-past-the-post system. It is planned for all members to eventually be elected from multi-seat constituencies using a proportional representation system.  

To be nominated as a candidate for the parliament one must be a Georgian citizen who is at least 21-years-old.  

The largest party or coalition after parliamentary elections determines where the Prime Minister will be appointed from by the President.  

The procedure to appoint the Prime Minister is as follows: the President nominates the Prime Minister from the best performing party/coalition on who the President believes will have the confidence of the Parliament of Georgia. The nominated Prime Minister will then nominate Ministers for Government and propose the composition of Government and Programme of Government to the Parliament of Georgia for a vote of confidence. Confidence is gained by a majority of the full list of legislators.  

If confidence is not gained then there will be a vote on an initial compsotion or new composition of Government within 30-days. If within the timeframe a Prime Minister is not proposed or a new Government composition has not gained confidence then the President will nominate a candidate for Prime Minister that is proposed by at least two-fifths of the full list of legislators.  

The procedure then repeats with the composition of Government proposed trying to get confidence, if confidence still fails to be attained in the timeframe then the President will dissolve parliament and call fresh parliamentary election.  

The above procedure also takes place if the Government ceases to have authority. The confidence vote on composition also takes place again if Government members are renewed by one-third but not less than 5.  

To vote one must be a citizen of Georgia who is at least 18-years-old. The constitution says that citizens can be found legally incapable by a court or who have been deprived of their liberty by a court decision cannot vote.  

Sources

The source for this post comes from Georgia’s 1995 constitution with amendments through to 2013 and so should be as up to date as possible but keep in mind I may have misinterpreted some things and missed out other things and the constitution can also be amended and so this post may become outdated and so it is important to do cross-research if using this in a serious capacity.  

The constitution can be amended via a draft law that is supported by at least an absolute majority of the members of the Parliament of Georgia or by petition of at least 200,000 voters. Passage for amendment requires support of at least three-fourths of the members of the Parliament of Georgia in two successive sessions that are three-months apart and then signed and promulgated by the President.  


Next up will be the government system of Germany!

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