Constitutional Court publishes lawsuit filed by 88 MPs to ban 3 opposition parties

The Constitutional Court of Georgia has published a constitutional complaint filed by 88 members of parliament on the constitutionality and prohibition of the activities of three political parties (“Unity - National Movement”, “Coalition for Change Gvaramia Melia Girchi Droa”, “Strong Georgia - Lelo, For People, For Freedom!”).

As stated in the information published on the website of the Constitutional Court, the first panel will consider the complaint.

The constitutional complaint states that the Constitution of Georgia considers the creation and activities of a political party that aims to overthrow or change the constitutional order of Georgia through violence, encroach on the country’s independence, violate its territorial integrity, or promotes war or violence, incites national, ethnic, sectarian, religious or social strife inadmissible.

In addition, according to the lawsuit, the purpose of the aforementioned unconstitutional activity of a political party can be revealed both from the statutes of this political party or its public statements, as well as from its behavior and actions committed by it.

The lawsuit also mentions that the European Court of Human Rights has a similar approach regarding the activities of a political party and its prohibition.

“Based on the above-mentioned approaches of the Constitution of Georgia and the European Court of Human Rights, it is entirely permissible to ban a political party in a democratic state when there are appropriate factual and legal grounds for doing so. Accordingly, taking into account the above-mentioned approaches of the Constitution of Georgia and the European Court of Human Rights, this constitutional claim presents the facts and arguments that confirm the validity of recognizing the activities of some political parties as unconstitutional and banning them. In addition, the evidence confirms that since 2016, the relevant political parties have practically continuously denied both the domestic political and foreign political legitimacy of the current government of Georgia and the ruling political party, and accordingly, its constitutionality. By doing so, the parties in question recognize that one of the parties between them and the ruling party must undoubtedly be declared unconstitutional. The present claim presents evidence that unconstitutional goals drive these political parties.

The following political parties belong to the unconstitutional political parties that have created a coalition unity and a unified organism operating with common aspirations and are still operating in this way today: − Citizens' Political Union "Unity - National Movement", − Citizens' Political Union "Coalition for Change Gvaramia Melia Girchi Droa", Citizens' Political Union "Strong Georgia - Lelo, For People, For Freedom", - reads the constitutional lawsuit published on the court's website.

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