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Constitutional Court likely to fail to address election legality, President may appeal ECHR, political scientist Chitadze

Political scientist Nika Chitadze has warned that if the Constitutional Court of Georgia failed to rule on the legality of the recent general elections, it could provide a legal basis for President Salome Zourabichvili to seek intervention from the European Court of Human Rights.

Speaking to Front News, Chitadze expressed little hope that the Constitutional Court would deliver a favorable ruling.

“We should not expect the Constitutional Court to issue a positive verdict, admitting that the election procedure contradicts the Constitution of Georgia,” he said. He pointed to past controversial decisions, including the Court’s support for the impeachment of the President and its ruling that the foreign confluence transparency law did not breach Georgia’s Constitution. “The Court has previously failed to protect constitutional principles,” Chitadze added.

The expert also noted the procedural requirements, saying that while the Constitutional Court was expected to review the matter within a month, the first parliamentary session could proceed without a proper resolution on the election’s legality. “From a procedural point of view, the first session cannot be held during this time,” he said, adding that the Georgian authorities might still push ahead with the session despite the legal uncertainty.

He further explained that if the Court did not address the issue, it would “create a legal basis” for the President to appeal to the ECHR, though he acknowledged this would prolong the legal process.

“If the Constitutional Court fails to consider this issue, it will be another example of the Court ignoring the Constitution and the laws of Georgia”, he said.

Zourabichvili this week filed a lawsuit in the Constitutional Court regarding alleged violations of the secrecy and generality of the elections.

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