Behind-the Scenes Deal Overshadows the Legal Debate
The Constitution of Georgia prohibits a member of the Parliament from occupying any other public office or keeping any other permanent employment. According to the laws, MP also does not have a right to be simultaneously represented in elective local government.
The lawyers say approximately 30 members of this Parliament, violate these regulations, thus their MP credentials could be cancelled. These provisions apply to the representatives of Adjara Autonomous Republic and Abkhazia, as well as MPs who still run private businesses.
Recently the issue became the center of controversy as five members of the Parliament participated in session of the Tbilisi city council and in elections of the council chairman. One of these MPs – Mikheil Saaksashvili – was elected Chairman of the council.
From these five MPs three are the leaders of the United Democrats faction in the parliament – Gia Baramidze, Eldar Shengelaia and Elene Tevdoradze. Gogi Topadze is a leader of the Industrialists and Giorgi Targamadze one of the active members of the “Revival” faction.
After three days of discussions and investigation Committee for Procedural Issues and Regulations of the Parliament came to conclusion that participation of these five MPs in city council session was illegal and incompatible with an MP status.
According to the Committee’s conclusion, the Parliament members have violated articles 53 and 54 of the Constitution, article 110 of the Election Code and article 8 of the Law on Status of the Member of the Parliament.
However, the United Democrats, who are suffering more than others by this conclusion of the Committee, claim that the source of the problem is in flawed legislation. In particular, the organic law on “Local Self-Governance and Governance” gives a member of the Parliament a right to participate in local self-governance elections.
The United Democrats believe that violation of the laws quoted by the committee arose unintentionally. According to the law, mandate of a member of the Parliament cannot be terminated until a commission of a City Council has recognized the credentials of the newly elected member of the council. Hence, the five Parliament members have become lawbreakers due to the reasons beyond their control.
At the same time the United Democrats demanded the issue of these five to be discussed together with issue of other MPs also holding other public offices or running their own business.
“Otherwise it would be a completely political decision. All this process is aimed not at restoring rule of law and justice, but at expelling leaders of the opposition forces from the Parliament” – the United Democrats say in their official press release.
Some MPs believe that the Parliament has violated the Constitution when it recognized the credentials of those members that were known to maintain positions incompatible with an MP status.
With numerous arguments on legal nuances flowing, the Parliament chose the simplest of all solutions – the issue was simply removed from the agenda with unanimous consent of all factions.
Akaki Bobokhidze, MP, who was reporting on this matter to the parliament bureau, accused the pro-governmental factions: “the ruling party feared that resolution of the issue of these five [MPs] would lead to disclosure of the similar cases within their own camp and this was quite enough to scare them; but I promise that I will pursue any such violation”.
Rostom Dolidze, chairman of the Committee on Rules and Procedure says, “traditionally the incompatibility [of the occupation with MP credentials] issue was used as a lever of political pressure by the confronting political forces and factions [in the parliament]. Many bargains on draft laws were struck based on this very issue” – says.
It is unclear what kind of behind-the-scenes agreement has taken place on this occasion. The fact is that all MPs kept their mandates despite violations of law. Even if the laws are contradictory, no definitive action was taken to synchronize the conflicting legislation.
The issue of MP credentials is expected to re-surface in the nearest future. The Socialist faction is demanding administrative liability for Eldar Shengelaia, one of the five MPs. If the decision is taken, the position of the Vice-speaker of the parliament becomes vacant and may fall prey to the Socialists that recently move closer to pro-governmental camp.
by Nino Khutsidze, Civil Georgia