Georgia – The president’s veto of the constitutional reform is overridden

On September 26, 2017, the Parliament of Georgia approved a set of constitutional amendments on their third and final reading with 117 lawmakers voting in favor and two against.[1] On October 9, the President of Georgia, Giorgi Margvelashvili, vetoed the constitutional amendments and returned the draft bill to Parliament together with his objections. The president noted six points, four of which reflected commitments made by the governing Georgian Dream party before the Venice Commission. These were: the issue of the electoral bonus for the winning party at legislative elections, the creation of electoral blocks, and issues relating to the constitutional court and religious freedom. The president also noted Georgian Dream’s initiative relating to the introduction of a fully proportional electoral system in 2020. Finally, the president suggested the introduction of an indirect presidential elections at some time in the future rather than after the 2018 election.[2]

President Margvelashvili suggested that if Georgian Dream were to accept these proposals, then it would demonstrate that Georgia had a “European” political culture and that the government would be acting in accordance with the Venice Commission.

On October 13, the parliament of Georgia overturned the president’s objections with 117 votes and approved the initial version of the document. [3] The ruling party announced several days before the plenary session that they would support president’s objections if the president suggested only two changes: allowing the parties to form electoral blocs for the next parliamentary elections in 2020, and allowing the so-called bonus system.

The next step in the constitutional reform was the signing of the constitutional amendment. As the presidential veto had been overturned, many experts believed that the president would not sign the bill into law. According the Georgian constitution, if President fails to promulgate a law within the specified timeframe, the Chairperson of Parliament shall sign and promulgate it.[4] However, one week after the president had vetoed the bill, President Margvelashvili signed the amendments into law. The president made a special statement before signing the amendments. He said that it was extremely difficult for him to sign the Constitution. However, he said that he would do so to avoid any destabilization.[5]

The new constitution will enter into force following the next presidential elections in 2018. This means that the 2018 presidential election will still be held directly. More generally, the president remains the head of state, the commander-in-chief and the country’s representative in foreign relations, but no longer ensures “the functioning of state bodies within the scope of his/her powers granted by the Constitution.” At the following presidential election, the president will be elected by way of an electoral college composed of 300 members, including MPs, members of two Autonomous Republics and local government representatives. Thus, semi-presidentialism will be remain in Georgia until after the 2018 presidential election. Next year will show how successful the amendments turn out to be.

Notes

[1] http://parliament.ge/en/saparlamento-saqmianoba/plenaruli-sxdomebi/plenaruli-sxdomebi_news/saqartvelos-parlamentma-konstituciuri-kanonis-proeqti-mesame-mosmenit-miigo.page

[2] President Margvelashvili Sends Six-Point Motivated Remarks to Parliament, https://www.president.gov.ge/en-US/pressamsakhuri/siakhleebi/saqartvelos-prezidentma-parlaments-6-punqtiani-mot.aspx

[3] The Parliament overrode the Presidential veto on the Constitutional Changes, 13 Oct 2017,  http://parliament.ge/en/saparlamento-saqmianoba/plenaruli-sxdomebi/plenaruli-sxdomebi_news/parlamentma-sakonstitucio-cvlilebebze-prezidentis-veto-dadzlia.page

[4] Constitution of Georgia, August 24, 1995, http://www.parliament.ge/uploads/other/28/28803.pdf

[5] President Margvelashvili: It Is Extremely Difficult for Me to Sign This Constitution, but We Should Take All Steps to Avoid Possible Causes of Destabilization, https://www.president.gov.ge/en-US/pressamsakhuri/siakhleebi/giorgi-margvelashvili-chemtvis-uagresad-dznelia-am.aspx

Leave a Reply

Your email address will not be published. Required fields are marked *