Georgia 1995 Constitution (reviewed 2018)

Chapter Four. President of Georgia

Article 49. Status of the President of Georgia

1. The President of Georgia is the Head of the state of Georgia and is the guarantor of the country’s unity and national independence.
2. The President of Georgia is the Supreme Commander-in-Chief of the Defence Forces of Georgia.
3. The President of Georgia shall represent Georgia in foreign relations.

Article 50. Procedures for electing the President of Georgia

1. The President of Georgia shall be elected for a term of 5 years by the Electoral College, without debates and by open ballot. The same person may be elected President of Georgia only twice.
2. Any citizen of Georgia having the electoral right, who has attained the age of 40 and who has lived in Georgia for at least 15 years, may be elected President of Georgia.
3. The Electoral College shall consist of 300 members, and shall include all members of the Parliament of Georgia and of the supreme representative bodies of the Autonomous Republics of Abkhazia and Ajara. Other members of the Electoral College shall be nominated by the respective political parties from among the representative bodies of local self-governments on the basis of quotas defined by the Central Election Commission of Georgia in accordance with the organic law. The quotas are defined in compliance with the principle of proportional geographical representation and in accordance with the results of the elections of local self-governments held under the proportional system. The composition of the Electoral College shall be approved by the Central Election Commission of Georgia.
4. The election of the President of Georgia shall be held in the House of Parliament. No less than 30 members of the Electoral College shall have the right to nominate a candidate for the President of Georgia. One member of the Electoral College may support the nomination of only one candidate. One member of the Electoral College shall have the right to vote for only one candidate. In the first round of elections, a candidate who receives at least two thirds of the votes of the total number of the members of the Electoral College shall be considered elected. If the President of Georgia is not elected in the first round, the second round shall be held between the two candidates who received the most votes in the first round. The candidate who receives the most votes in the second round shall be considered elected. The first or the second round of the elections shall be considered valid if more than half of the total number of the members of the Electoral College have participated. If the elections fail, or if the Electoral College does not elect the President of Georgia, a re-run of the election of the President of Georgia shall be held within 30 days.
5. Presidential elections shall be held in October of the calendar year in which the term of office of the President of Georgia expires. In the case of the early termination of the term of office of the President of Georgia, the presidential elections shall be held within 45 days from the termination of the term of office. If the election date coincides with a state of emergency or martial law, the presidential elections shall be held within 45 days after this state has been revoked. If the date of the election of the President of Georgia falls within the same month as the parliamentary elections, or the month preceding the month of the parliamentary elections, the presidential elections shall be held within 45 days from the first meeting of the newly elected Parliament.
6. The election of the President of Georgia shall be appointed by Parliament, except for a re-run of election, which shall be appointed by the Chairperson of Parliament.
7. The procedures and conditions for the election of the President of Georgia shall be determined by the organic law.

Article 51. Oath, termination of the term of office, immunity, conflicts of interest and succession of the President of Georgia

1. Prior to assuming office, on the third Sunday after the election day, the newly elected President of Georgia shall address the people and take the following oath of office:’I, the President of Georgia, do solemnly affirm before God and the nation that I will support and defend the Constitution of Georgia, the independence, unity and indivisibility of the country; that I will faithfully perform the duties of the President, will care for the security and welfare of the citizens of my country and for the revival and might of my nation and homeland.’
2. The term of office of the President of Georgia shall terminate and the term of office of the newly elected President of Georgia shall commence once the oath is taken by the newly elected President of Georgia.
3. The President of Georgia shall enjoy immunity. No one shall have the right to detain or bring criminal proceedings against the President of Georgia while in office.
4. The President of Georgia shall not have the right to hold any other office, to be engaged in entrepreneurial activities, or to receive a salary or other permanent remuneration for any other activity. The President of Georgia shall not be a member of a political party.
5. In the case of the inability of the President of Georgia to exercise powers, or in the case of the early termination of the President’s term of office, the Chairperson of Parliament shall perform the duties of the President of Georgia.

Article 52. Powers of the President of Georgia

1. The President of Georgia shall:
   1. with the consent of the Government, exercise representative powers in foreign relations, negotiate with other states and international organisations, conclude international treaties, and accept the accreditation of ambassadors and other diplomatic representatives of other states and international organisations; upon nomination by the Government, appoint and dismiss ambassadors and other heads of diplomatic missions of Georgia;
   2. conclude a constitutional agreement with the Apostolic Autocephalous Orthodox Church of Georgia on behalf of the state of Georgia;
   3. call the elections of Parliament and local self-government bodies in accordance with the Constitution and the procedures established by the organic law;
   4. upon nomination by the Government, appoint and dismiss Chief of Defence Forces of Georgia; appoint one member of the High Council of Justice; participate in the appointment of the Chairperson and members of the Central Election Commission of Georgia in cases defined by the organic law and in accordance with the established procedure; upon nomination by the Government, submit to Parliament candidates for the membership of the national regulatory bodies;
   5. decide on citizenship issues in accordance with the procedures established by the organic law;
   6. pardon convicts;
   7. in accordance with the procedures established by law, grant state awards and rewards; highest military ranks, special ranks and honorary titles; and highest diplomatic ranks;
   8. be entitled, upon recommendation by the Government and with the consent of Parliament, to suspend the activity of a representative body of a territorial unit, or to dissolve such a body, if its activities threaten the sovereignty or territorial integrity of the country, or the exercise of constitutional powers by state bodies;
   9. exercise other powers determined by the Constitution.
2. The President of Georgia shall have the right to call a referendum on issues defined in the Constitution and law, at the request of the Parliament of Georgia, the Government of Georgia or no less than 200 000 voters, within 30 days after such a request is received. A referendum shall not be held in order to adopt or repeal a law, to grant amnesty or pardon, to ratify or denounce international treaties, or to decide issues that envisage the restriction of fundamental constitutional human rights. Issues related to calling and holding referendums shall be defined by the organic law.
3. The President of Georgia shall have the right to address the people. The President shall annually submit a report on crucial state-related issues to Parliament.

Article 53. Countersignature

1. A legal act of the President of Georgia shall require the countersignature of the Prime Minister. A legal act that requires countersignature shall be promulgated and shall entail legal consequences only after it has been countersigned. Political responsibility for countersigned legal acts lies with the Government.
2. A countersignature shall not be required for legal acts of the President of Georgia related to:
   1. calling parliamentary elections, dissolving Parliament, or convening sessions or sittings of Parliament;
   2. concluding constitutional agreements;
   3. signing and promulgating laws, or returning laws to Parliament with remarks;
   4. appointing the Prime Minister; appointing a member of the High Council of Justice; appointing the Chairperson or a member of the Central Election Commission; nominating a member of the Board of the National Bank or appointing the President of the National Bank; or appointing a judge to the Constitutional Court;
   5. granting state awards and rewards, and honorary titles;
   6. deciding on citizenship issues;
   7. pardoning convicts;
   8. applications to the Constitutional Court or a court;
   9. organising the exercise of powers of the President of Georgia.