Limiting the Constitutional Court jurisdiction over drug policy could prove “detrimental to constitutional order,” a group of seven leading rights watchdogs, including GYLA, TI Georgia, ISFED and EMC, wrote in their joint statement on November 4.
The statement came two days after Parliament Speaker Irakli Kobakhidze announced that the ruling party might propose legislative changes restricting the Constitutional Court authority over “drug use and drug policy in general.”
The CSOs stress that the initiative contradicts with the principle of the separation of powers. “According to the Constitution, judicial authority is exercised through constitutional control, justice, and other forms determined by law; the judicial body of constitutional control is the Constitutional Court of Georgia,” reads their statement.
The organizations also point out that it is “unacceptable” that Speaker Kobakhidze, a public official, discussed and agreed a legislative proposal with the Orthodox Church. The CSOs remind that the Constitution of Georgia entails clear “functional separation between state bodies and religious organizations.”
The watchdogs also underline that restrictions imposed on the Constitutional Court, “an important human rights safeguard in terms of the drug policy,” will also infringe upon “the fundamental human right – to defend ones rights and liberties through the Constitutional Court.”
The CSOs believe that the initiative has a political context as well. “Attempts to downgrade state institutions and manipulate with important issues of statehood emerged exactly in the election context.”
The watchdogs concluded by calling on the Parliament to “uphold the constitutional requirements and avoid hampering the exercise of constitutional control by the Constitution Court.” “It is important that lawmakers do not endanger proper functioning of the Court, and orderly, prompt and effective conduct of constitutional control,” reads the statement.
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