Amyug appeals to the constitutional court against the restrictions in force after the cancellation of the state of emergency

2020/05/35444-1590396643.jpg
Read: 1101     11:00     25 Май 2020    

The non-governmental organization " Association of young lawyers of Georgia "(amyug) will appeal to the constitutional court to challenge the amendments made to the law"on public health". This is stated in the statement of the NGO.

The draft amendments allow the government of Georgia to impose restrictions necessary to prevent the spread of coronavirus after the state of emergency is lifted. The Parliament considered the initiative in an expedited manner. Despite calls from NGOs and criticism of the opposition, lawmakers passed it in its final, third reading on may 22.

"According to the contested norms, the Parliament of Georgia transfers powers to the government of Georgia. In accordance with the delegated authority, the government of Georgia or a Ministry designated by the government is authorized to determine quarantine measures. For their part, quarantine measures include various provisions governing freedom of movement, property rights, labour rights and business rights. Accordingly, the government of Georgia is authorized to restrict the above-mentioned rights by its Bylaw, " the amyug notes.

The NGO's statement noted that according to the practice of the constitutional court of Georgia, a restrictive norm must comply with the Constitution both in terms of content and formally.

The amyug believes that the constitutional court should determine whether the delegation of certain powers of the Parliament violates the provisions of the Constitution.

It is also noted that the Constitution allows restriction of freedom of movement only by the adoption of a law. Based on this, "restriction of this right by a lower regulatory legal act of the government is unacceptable." Similar provisions apply to labour rights – their restriction is also permissible only through the adoption of an organic law. GYLA considers unconstitutional and limits concerning restriction of the rights of ownership.

The opposition boycotted the vote on amendments to the law"on public health". Opponents of the authorities fear that the Georgian dream government will try to use its broad rights for political purposes before the parliamentary elections.

Georgian Prime Minister Giorgi Gakharia called the criticism of opponents a "political masquerade". He said that, given the threats associated with the spread of the coronavirus, the authorities will not allow "putting people's health and lives at risk."

The opposition considers it its own merit that some changes were made to the text of the amendments before they were adopted, including the term of restrictions until July 15.

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Amyug appeals to the constitutional court against the restrictions in force after the cancellation of the state of emergency

2020/05/35444-1590396643.jpg
Read: 1102     11:00     25 Май 2020    

The non-governmental organization " Association of young lawyers of Georgia "(amyug) will appeal to the constitutional court to challenge the amendments made to the law"on public health". This is stated in the statement of the NGO.

The draft amendments allow the government of Georgia to impose restrictions necessary to prevent the spread of coronavirus after the state of emergency is lifted. The Parliament considered the initiative in an expedited manner. Despite calls from NGOs and criticism of the opposition, lawmakers passed it in its final, third reading on may 22.

"According to the contested norms, the Parliament of Georgia transfers powers to the government of Georgia. In accordance with the delegated authority, the government of Georgia or a Ministry designated by the government is authorized to determine quarantine measures. For their part, quarantine measures include various provisions governing freedom of movement, property rights, labour rights and business rights. Accordingly, the government of Georgia is authorized to restrict the above-mentioned rights by its Bylaw, " the amyug notes.

The NGO's statement noted that according to the practice of the constitutional court of Georgia, a restrictive norm must comply with the Constitution both in terms of content and formally.

The amyug believes that the constitutional court should determine whether the delegation of certain powers of the Parliament violates the provisions of the Constitution.

It is also noted that the Constitution allows restriction of freedom of movement only by the adoption of a law. Based on this, "restriction of this right by a lower regulatory legal act of the government is unacceptable." Similar provisions apply to labour rights – their restriction is also permissible only through the adoption of an organic law. GYLA considers unconstitutional and limits concerning restriction of the rights of ownership.

The opposition boycotted the vote on amendments to the law"on public health". Opponents of the authorities fear that the Georgian dream government will try to use its broad rights for political purposes before the parliamentary elections.

Georgian Prime Minister Giorgi Gakharia called the criticism of opponents a "political masquerade". He said that, given the threats associated with the spread of the coronavirus, the authorities will not allow "putting people's health and lives at risk."

The opposition considers it its own merit that some changes were made to the text of the amendments before they were adopted, including the term of restrictions until July 15.

apsny.ge





Tags: