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Constitutional Amendments Presented
Civil Georgia, Tbilisi / 29 Dec.'08 / 17:41

The President will be able to resort to the right of dissolving the parliament only once in a five-year presidential term and the parliamentary minority will be able to initiate procedures for the cabinet’s dismissal, according to the draft of constitutional amendment unveiled on December 29.

Circumstances in which the President will be able to use the right of dissolving the Parliament remain unchanged: in case the legislative body fails to pass the state budget within three months or refuses to give confidence vote to the new cabinet after three attempts.

The President, under the current constitution, is restricted to use his power to dissolve the Parliament within six months after the election of a new legislative body; during the martial or emergency situation and within last six months of the presidential term.

In addition to these restrictions, the draft of constitutional amendment introduces new rule according to which “President has the right to dissolve the Parliament upon own initiative only once during the term in office.”

The President will have to appoint a nationwide referendum if he wants to resort to the right of dissolving the Parliament for the second time during one presidential term, according to the draft constitutional amendment.

The draft says that early presidential elections should be held if voters decline in referendum the President’s proposal to dissolve the Parliament. In case of the early presidential elections, an acting president will have no right to dissolve the legislative body, according to the document.

The draft also envisages giving the right to the parliamentary minority – now involving up to 14 lawmakers – to initiate procedures for the dismissal of a cabinet. The same procedure can also be initiated by at least of 30 lawmakers, according to the draft, instead of 50 MPs as it is envisaged by the current constitution. The cabinet can be dismissed by a majority vote in the parliament.

The proposed draft amendment will now undergo one-month long public discussions, as envisaged by the constitution, before it is voted in the Parliament.

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