Refining Georgia’s Legal Framework for Enforcing Constitutional Court Judgements
A judgment adopted by the constitutional court reveals its true res judicata nature and binding force through enforcement. Certain court judgments are self-executing, while others require an active involvement of various branches of government to ensure their enforcement. The practice of the Constit...
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| Format: | Article |
| Language: | English |
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Constitutional Court of Georgia
2023-12-01
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| Series: | Journal of Constitutional Law |
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| Online Access: | https://constcourt.ge/files/9/3)%20George%20Khazalia,%20Nino%20Chochia%20ENG.pdf |
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| author | George Khazalia Nino Chochia |
| author_facet | George Khazalia Nino Chochia |
| author_sort | George Khazalia |
| collection | DOAJ |
| description | A judgment adopted by the constitutional court reveals its true res judicata nature and binding force through enforcement. Certain court judgments are self-executing, while others require an active involvement of various branches of government to ensure their enforcement. The practice of the Constitutional Court of Georgia shows that some judgments were not enforced at all, were enforced with delay, or only partially. For the effective execution of judgments, it is essential to have a necessary component of trust between state institutions but also to ensure the existence of all appropriate mechanisms for their enforcement. The applicable Georgian legislation primarily focuses on the mechanisms for restoring individual rights in response to the Constitutional Court judgments, while broader measures such as the adoption of new legislation are relegated to the political process. This article will assess the effectiveness of the Georgian legal framework of enforcing the Constitutional Court judgements, analyze the best international practices and provide recommendations for elaboration of the instruments that will promote their effective enforcement. |
| format | Article |
| id | doaj-art-b1fd8f2b18eb45e2ae50fce30fb9069d |
| institution | DOAJ |
| issn | 2587-5329 |
| language | English |
| publishDate | 2023-12-01 |
| publisher | Constitutional Court of Georgia |
| record_format | Article |
| series | Journal of Constitutional Law |
| spelling | doaj-art-b1fd8f2b18eb45e2ae50fce30fb9069d2025-08-20T03:06:19ZengConstitutional Court of GeorgiaJournal of Constitutional Law2587-53292023-12-01220231132Refining Georgia’s Legal Framework for Enforcing Constitutional Court JudgementsGeorge Khazalia0Nino Chochia1Senior Judicial Assistant, The Constitutional Court of Georgia; Invited Lecturer, School of Law, Grigol Robakidze UniversityHuman Rights and Civil Integration Committee, The Parliament of GeorgiaA judgment adopted by the constitutional court reveals its true res judicata nature and binding force through enforcement. Certain court judgments are self-executing, while others require an active involvement of various branches of government to ensure their enforcement. The practice of the Constitutional Court of Georgia shows that some judgments were not enforced at all, were enforced with delay, or only partially. For the effective execution of judgments, it is essential to have a necessary component of trust between state institutions but also to ensure the existence of all appropriate mechanisms for their enforcement. The applicable Georgian legislation primarily focuses on the mechanisms for restoring individual rights in response to the Constitutional Court judgments, while broader measures such as the adoption of new legislation are relegated to the political process. This article will assess the effectiveness of the Georgian legal framework of enforcing the Constitutional Court judgements, analyze the best international practices and provide recommendations for elaboration of the instruments that will promote their effective enforcement.https://constcourt.ge/files/9/3)%20George%20Khazalia,%20Nino%20Chochia%20ENG.pdfself-executing judgmentstrust between state institutionsindividual rights |
| spellingShingle | George Khazalia Nino Chochia Refining Georgia’s Legal Framework for Enforcing Constitutional Court Judgements Journal of Constitutional Law self-executing judgments trust between state institutions individual rights |
| title | Refining Georgia’s Legal Framework for Enforcing Constitutional Court Judgements |
| title_full | Refining Georgia’s Legal Framework for Enforcing Constitutional Court Judgements |
| title_fullStr | Refining Georgia’s Legal Framework for Enforcing Constitutional Court Judgements |
| title_full_unstemmed | Refining Georgia’s Legal Framework for Enforcing Constitutional Court Judgements |
| title_short | Refining Georgia’s Legal Framework for Enforcing Constitutional Court Judgements |
| title_sort | refining georgia s legal framework for enforcing constitutional court judgements |
| topic | self-executing judgments trust between state institutions individual rights |
| url | https://constcourt.ge/files/9/3)%20George%20Khazalia,%20Nino%20Chochia%20ENG.pdf |
| work_keys_str_mv | AT georgekhazalia refininggeorgiaslegalframeworkforenforcingconstitutionalcourtjudgements AT ninochochia refininggeorgiaslegalframeworkforenforcingconstitutionalcourtjudgements |