Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
December 16. 2021. | N1/5/1499 | Constitutional Court of Georgia | Freedom of movement | The Constitutional Court of Georgia held that the night curfew ordered by the Government of Georgia was constitutional, therefore, the constitutional claim submitted against it was dismissed. | The Constitutional Court of Georgia held that the night curfew ordered by the Government of Georgia was constitutional, therefore, the constitutional claim submitted against it was dismissed. | https://constcourt.ge/ka/judicial-acts?legal=12901 | |||
December 1 2021. | №1/1/1505,1515,1516,1529 | Constitutional Court of Georgia | Freedom of assembly; freedom of movement; right to property; labor rights; executive decrees during emergencies | The Constitutional Court of Georgia upheld in its landmark ruling most of the legal procedures allowing executive authorities to maintain COVID-19 pandemic-related restrictions and largely approved rule by decree. | The Constitutional Court of Georgia held, that the executive power had the authorization during public health emergency to order far-reaching extra-ordinary restrictions on freedom of movement, freedom of assembly and right to property. However, the limitations issued on labor rights were unconstitutional since these amendments concerned the public health act as an ordinary law instead of the labor code of Georgia, which constitutes an organic law. Three dissenting judges and several commentators expressed their disagreement with the deference of the judgement: according to their arguments, the reasoning disregarded several fundamental principles of democracy and embroadened the parliamentary margin of movement to confer not sufficiently precisely defined authorization for the government to adopt arbitrary measures during the public health emergency. | https://www.constcourt.ge/ka/judicial-acts?legal=10658&fbclid=IwAR0yx-t2aw4szcsVHonyaRh1ut0r4jQ2cnOUJ0ynELiZp9drBMC3mdSsp-U | https://www.constcourt.ge/ka/judicial-acts?legal=10658&fbclid=IwAR0yx-t2aw4szcsVHonyaRh1ut0r4jQ2cnOUJ0ynELiZp9drBMC3mdSsp-U | https://civil.ge/archives/397025 |