ANALYSIS OF THE CONCLUSION OF THE PLENUM OF THE CONSTITUTIONAL COURT IN RELATION TO THE VIOLATION OF THE CONSTITUTION BY THE PRESIDENT OF GEORGIA AND INTERNATIONAL PRACTICE

Abstract

From 2013 until the present, the dispute on the separation of competencies between the leaders of the state government has been ongoing in political life, as well as on an international scale in the field of foreign relations. The field of foreign relations is of national importance and is directly related to the state’s image and foreign policy. The conclusion of the international treaties, as well as the appointment of the ambassadors and representation of the state, has become the subject of dispute at various times. State representation by the President in foreign relations has led to a Constitutional Reference submitted by the Parliament of Georgia to the Constitutional Court of Georgia, alleging a violation of the Constitution by the President for the first time in the country’s history. As a result, according to the conclusion of the Constitutional Court of Georgia dated October 16, 2023, President Ms. Zurabishvili violated the Constitution of Georgia by exercising representation powers without the consent of the Government. Based on the above, this thesis will analyze the meaning of the representation power in foreign relations, the President’s constitutional status, and the President’s role in foreign relations, acting as the socalled “neutral arbitrator”. This thesis will include a discussion on the roles of the Parliament and the Constitutional Court of Georgia in the political-legal process of Presidential impeachment proceedings. It will also examine the conclusions and decisions of Constitutional Courts in various states regarding alleged constitutional violations by Presidents and disputes over competence.