Debates in “Boell Foundation” On the Draft of Constitution
Shorena Latatia
On October 6th, public discussion was held in Heinrich Boell Foundation on the topic – “Current Constitutional Reform in Georgia.” Moderator Mindia Ugrekhelidze started out with a rhetoric question: “If the current constitution is bad and is changed with new, it should have been changed with better one and if so, why should we wait till 2013 for it to enter into force?! And if the constitution enters force in 2013, why do we want to adopt it in expedited way?!”
“I have my reasonable doubt concerning this. First that now it’s politically unstable period and this term is needed for stabilizing this situation. Second – whatever was not argumented, would be so during this time,” – states political scientist Ramaz Sakvarelidze.
Particularly concerning was the results of public research that was conducted on current constitution and the process of its reform. As the representative of Netherlands Institute for Multiparty Democracy Levan Tsutsqiridze states, “According to results, majority of population has little understating about basic rights and institutions determined by Georgian Constitution. Only one percent of interviewees think that they know constitution well. The answer “I don’t know” exceeds the identical answer of the interviewers from the city.”
One of the authors of the current constitution, Vakhtang Khmaladze thinks that “the inquiry had only formal nature, since it was conducted in the hottest period climatically and the coolest politically – the end of July and beginning of August.”
Despite the invitation of organizers, representatives of parliamentary majority refused to take part in the debates, therefore certain questions were not answered. For example, on the question why the constitution is adopted before the final inference of Venice Commission is issued and why the Parliament didn’t consider the recommendation of commission about taking out the paragraph on three year examination period of judges.
Also, an opinion was expressed that Parliaments is not sufficiently strengthened by new constitution, and the whole authority is concentrated under PM. Especially concerning was the neglecting of Parliament’s role in the authority of PM to dismiss the whole government.
The complicated and protracted procedure of no confidence was unacceptable for now former head of Constitutional Commission… “But majority decided so,” – stated Avtandil Demetrashvili.
“The train is already gone, we are disputing on what will not be changed as the Parliament already adopted Constitution in two hearings,” – stated Ramaz Sakvarelidze and added that despite this, similar debated, even belated, is rather important and necessary.
As a reminder, Georgian Parliament, before the final inference of Venice Commission, discussed the draft of constitution in expedited way and the third hearing will be held in the nearest future, where only editorial changes will be made.
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