About Civil.ge
Eng | Geo | Rus
Last updated: 10:55 - 1 May.'18
RSS
Mobile
Twitter
Facebook
Top Court Partly Overturns Amended Law on Rallies
Civil Georgia, Tbilisi / 18 Apr.'11 / 18:58

Judges from the Batumi-based Constitutional Court announce judgment into controversial amendments to the law on rallies on April 18.

The Constitutional Court of Georgia ruled some of the provisions in the law on rallies and manifestations unconstitutional on April 18.

The court's panel of nine judges, however, rejected some of the complaints by applicants, leaving several disputed provisions of the law in force.

In July 2009 the majority-led Parliament passed amendments to the law on rallies and manifestation tightening the rules for demonstrations amid opposition's street protest rallies in Tbilisi. After those amendments, a lawsuit was filed separately by opposition parties (Movement for United Georgia and Conservative Party), as well as the Public Defender, legal advocacy group the Georgian Young Lawyers Association (GYLA) in addition to two private citizens. Participants argued jointly that the new provisions in the law were unconstitutional.

The Constitutional Court said that the provision banning outright rallies within a 20-meter radius from the entrance of state buildings and courts was unconstitutional. The court, however, also said that this right “can be restricted” when a rally within a 20-meter radius hampers normal functioning of an institution or when the restriction is deemed necessary due to security measures.

Also ruled unconstitutional was a provision according to which a rally should be immediately ceased in case of violation of the rules on holding demonstrations. The court said protesters “should be given an opportunity to bring a rally (manifestation) in line with the requirements of the law. The rally can only be ceased in case of disobeying legal demands of a representative of the authorities.”

The court deemed unconstitutional a provision that limited parties eligible for submitting notifications of intent to convene rallies to groups of individuals. The court said the same right should be given to an individual, single person as well. Further, the court ruled that a stateless person should also enjoy the right to act as an organizer of the rally.
 
The court, however, upheld as constitutional the provision banning willful blocking of traffic or barricading streets with various constructions. It also upheld the provision according to which protesters may block a street only if the number of protesters is large enough and holding of the rally requires additional space in traffic lanes.

The court also said the provision banning the creation of graffiti on the walls of administrative buildings and surrounding properties was in line with the constitution.

Upheld also was a provision which bans the holding of a rally outside the house of a judge, saying that such restriction guarantees “the independence of a judge (court) and protection of a judge’s privacy.”

The court also ruled that employees of the Finance Ministry’s investigations unit should remain in the list of those state employees who have no right to participate in or organize demonstrations.
 
Public Defender Giorgi Tugushi, said that, although the complaint was only partially supported by the Constitutional Court, the ruling overall was a positive development.

Latest News
01 May.'18 10:55
We Have Moved to a New Platform
Direct Your Bookmarks to https://civil.ge.
29 Apr.'18 03:54
Ruling Party Candidate Wins MP By-Elections
Givi Chichinadze will represent Vani and Khoni single-mandate constituency in the Parliament of Georgia.
28 Apr.'18 09:40
Polls Open for Vani and Khoni MP By-Elections
48,123 voters are eligible to cast their ballots in Vani and Khoni single-mandate constituency.
27 Apr.'18 17:23
State Dept’s Europe Affairs Point Man to Visit Tbilisi
Wess Mitchell will meet senior government officials and address the NATO-Georgia Public Diplomacy Forum.
27 Apr.'18 13:45
In Quotes: Georgian Politicians on Ex-PM Bidzina Ivanishvili’s Comeback
Bidzina Ivanishvili will be approved as the Georgian Dream party chairman at the upcoming convention.
26 Apr.'18 18:15
SG Jens Stoltenberg: Georgia NATO’s ‘Very Close’ Partner
The NATO Secretary General says Foreign Ministers meeting tomorrow will recognize the country’s progress.
26 Apr.'18 14:24
Ex-PM Ivanishvili to Chair Georgian Dream Party
Prime Minister Giorgi Kvirikashvili said Ivanishvili was ‘best equipped’ to add new dynamism to the party.
26 Apr.'18 11:12
Lawmaker Proposes Criminal Liability for ‘Insult of Religious Feelings’
The parliamentary human rights committee decided to set up a working group for scrutinizing the draft law.
25 Apr.'18 17:21
New Abkhaz Government Head Appointed
Gennady Gagulia has served as the Abkhaz “prime minister” twice - in 1995-1997, and 2002-2003.
25 Apr.'18 14:43
Watchdog Improves Georgia’s Press Freedom Ranking
None of the countries of the former Soviet Union (except the Baltics) are ranked ahead of Georgia.

About Civil Georgia
Civil.Ge © 2001-2025, Daily News Online
Registered office: 2 Dolidze Str, 4-th Floor.
16