Procedural Tools to Increase the Effectiveness of the Constitutional Court Decision

Abstract

According to the legislation of Georgia, invalidation of the legal act by the Constitutional Court doesn`t result invalidation of judgments made on its bases and only causes suspension of their execution. Similar solution significantly decreases the role of the Constitutional Court in the process of human rights` protection. The situation may partially be improved by the way of lodging constitutional submission by the common court (which causes suspension of litigation until delivering judgment by the Constitutional Court) or suspension of impugned act by the Constitutional Court directly.

Present article will discuss the possible outcomes of the decision of the Constitutional Court and their compliance with the needs of the plaintiffs, as well as the right to fair trial. Special attention will be paid to the legal grounds and case law related to preparation of constitutional submissions and suspension of the impugned act, also relevant gaps and the ways of their solution.