The former chairman of the Constitutional Court, constitutionalist Avtandil Demegrashvili explains actions provided by the Georgian Constitution in an interview given to “presa.ge” regarding the situation created in Georgia. “Internet.ge” offers it invariably.
“Presa.ge”: who appoints law enforcers – Defence, Internal Affairs and Justice Ministers?
Avtandil Demetrashvili: formally election of all the members of a government is a president’s duty. He is able and is entitled to propose his candidates for heads of law enforcement offices to a Prime-Minister.
Again, according to the current legislation, president is freely able to form the government. One thing is – whether the Premier will accept it and the parliament give its confidence or not.
- Does a president have a right to dissolve a parliament?
- He does not have this right at least 6 months. If after 6 months, the First Person of state has a strong argument, then it is freely possible.
- What happens in case of chairmen of Constitutional and Supreme Courts?
- A Premier has no right to interfere in the judicial system. President appoints judge of the Supreme Court for 10 years. - Is Prime-Minister entitled to control law enforcement Ministries, Internal Affairs, Justice and Defence Departments?... - He has a right to dismiss the Ministers, but only in agreement with a president.
According to the existed constitution, Prime-Minister has very many rights. He can convene a meeting of the government at any time. Again, he has a power to dismiss ministers, but in case of law enforcement Ministers, he needs president’s agreement. Their appointment should be made after consultations as well.
In those instances, which need approval of a parliament, the Premier’s institute is strong. In case of Justice, Internal Affairs and Defence Ministries, a Prime-Minister is also able to reject president’s proposal. However, as you heard from the president, he won’t interfere in the formation of the government and the state agencies. - What is needed for the president's impeachment, and how long this process takes?- It needs serious charges to raise the request of suspension of President's authority. For this, the First Person should have committed a criminal offense or violated the Constitution.
For making impeachment proposal in the parliament, consent of 1/3 of lawmakers is needed. The conclusion should be made necessarily by the Constitutional or the Supreme Court.
If the court has approved the request, collection of 2/3 of total number of MPs is needed then. That means, at least 100 MPs should support demand on the president’s resignation. Again, all these procedures should be backed up with strong facts.