The Extraordinary Plenary Session accomplished

21 Jul 2018
The Extraordinary Plenary Session accomplished

The extraordinary plenary session convened since July 4, 2018 has been accomplished.

MPs considered and voted the agenda issues. The Bill on Martial Law was considered with the I reading. The Package of 50 Bills was introduced by the Chair of the Defense and Security Committee, Irakli Sesiashvili.

The changes aim at compliance of the law with the Constitution:

  • The martial law, pursuant to the Article 71 of the Constitutional Law on Constitutional Changes is being declared in case of the armed attack on Georgia or upon its direct threat. The Constitution sets the term “state and public security”;
  • The Bill specifies the procedure of co-signature on the Legal Acts of the President about the Martial Law. The President shall immediately, instead of within 48 hours submit the Decree on declaration of the Martial Law on whole territory of the country to the Parliament. The Parliament upon convocation endorses the Decree. If the Parliament fails, the Decree loses the legal force upon voting. The decision on use of defense forces is made by the Prime Minister without endorsement of the Parliament;
  • The Decree shall provide the motif of declaration of the martial law. The decision is made in line with the regulations on martial law and is announced publicly;
  • The law annuls the National Security Council;
  • The Articles are being added defining the succession of the National Security Council;
  • The Article 9 changes the procedures for use of the defense forces in view of liquidation of the martial law consequences and for public security.

The package was approved by 81 MPs.

MPs considered with the III reading and accelerated consideration and adopted with 80 votes the Bill on Code of Administrative Offenses, regulating composition of the protocols on administrative offenses by the officers of the Environmental Protection and Agricultural Ministry agencies.

MPs considered with the III reading and adopted with 77 votes the draft organic law on Georgian Citizenship, introduced by the Chair of the Legal Committee, Eka Beselia. Deriving from the contextual and technical revision needs of the Constitution, the Parliament in October, 2017 adopted the draft Constitutional Law on Constitutional changes envisaging foreign citizenship to no longer define as the automatic ground for losing Georgian citizenship. The Bill defines the rules for exceptional granting of Georgian citizenship and the list of the persons to be considered. The Bill defines Georgian citizen to maintain citizenship upon gaining foreign citizenship.

The Bill changes the residential qualification for Georgian citizenship and envisages appeal mechanisms unlike the current law when only exceptional rejection of citizenship cannot be appealed. MPs considered with the III reading and adopted with 80 votes the Bill on Police, introduced by the Deputy Interior Minister, Natia Mezvrishvili. The changes aim at annulment of higher education component in the Police Academy. “Providing the criminal police reform in MIA, the Academy moves to the vocational education development. Thus, we annul the higher education component”.

MPs considered with the III reading and adopted with 80 votes the Bill on International Cooperation in Law-enforcement Sphere, introduced by E. Beselia.

The changes simplify international cooperation and increase efficiency of exchange of information between the law-enforcement agencies. Thus, the paragraph 3, Article 2 of the current law is to be annulled. MPs considered with the III reading and adopted with 78 votes the draft organic law on Common Courts, envisaging compliance of the law with the Constitution. The Bill regulates the rules for dismissal of the judge, salaries of the judges, inadmissibility of communication with the judge, responsibilities of the judge, prosecutor, lawyer, investigator etc.

MPs considered with the III reading and adopted with 94 votes the Bill on Tax Code, envisaging full write-off of tax liabilities emerged before January 1, 2013. MPs considered sundry Bill related to the Constitutional changes:

  • Considered with III reading and adopted with 79 votes: the draft organic law on Election Code in view of harmonization with the Constitution. The change concerns the provisions of the Parliamentary, Presidential and Municipal elections, election blocs and majoritarian system MPs. The Bill defines the terms of enactment of the changes and provides transitional provisions to ensure the snap Parliamentary and Municipal elections. The change is introduced to the organic law on Referendum and to the law on Incompatibility of Interests and Corruption in Public Service.
  • Considered with the III reading and adopted with 80 votes: the draft organic law on Election Code aiming at elimination of gaps, specification of certain procedures and regulation of certain issues to enact under the Constitution. The Bill specifies and adds certain terms, and the issues of activities of the Central, District and Precinct Commissions and observers.
  • Considered with the III reading and adopted with 79 votes: the draft organic law on Election Code in view of compliance with the Constitutional changes. The Bill regulates issues related to the constituencies, Presidential elections, passive suffrage etc. and defines registration of the candidates for Presidency. The Bill regulates nomination of the election collective board members by political parties, Presidential elections, election returns, Parliamentary elections, registration of the party lists etc.
  • Considered with the III reading and adopted with 95 votes: the draft organic law on Election Code, regulating definition of the serial number of the electoral subject.

MPs considered with the III reading the Bill on State Inspector Service and 29 accompanying Bills envisaging set up of the SIS as a successor of the Personal Data Protection Inspector with the functions to: control of legality of data processing, control of activities to the central data bank, effective and impartial investigation of the offenses by a law-enforcement agent etc. The Bill was approved by 80 MPs.

MPs considered with the III reading and adopted with 79 votes the draft organic law on Constitutional Court, unifying the Laws on Constitutional Proceedings; Salaries of the Members of the Constitutional Court; Social Protection Guarantees of the Members of the Constitutional Court, as well as new provisions of the Constitution have been reflected: 

  • Increased quorum for election of the CC member by the Parliament (was elected with more than half of the list composition; the changes envisage at least 3/5 of the majority);
  • The record on the right of the Common Courts to address to the Constitutional Court;
  • Specified dispute consideration terms regarding the law on elections;
  • Added the Prosecutor General position, extended list of the public servants the CC develops the conclusion concerning the impeachment procedure in regards of which.

MPs considered with the III reading and adopted with 79 votes the Bill on Accumulative Pension, applied to the natural persons employed in line with the civil or labor laws, also to the persons not being the heads of the enterprise or organizations and not realizing the obligations related to service in armed forces, law-enforcement or similar agencies.

The Speaker, Irakli Kobakhidze congratulated Gigi Tsereteli with election as the OSCE PA President. “I would like to congratulate our colleague, Gigi Tsereteli with election as the OSCE PA President. It is the recognition of not only Mr. Tsereteli but of the country and I would like to wish him good luck on this responsible position”.

The session was accomplished with the State Anthem.