Georgia 1995 Constitution (reviewed 2018)

Chapter Eight. State Defence and Security

Article 70. Defence Forces

1. Defensive war shall be a sovereign right of Georgia.
2. The defence of Georgia shall be every citizen’s duty. The procedure for performing military service shall be determined by law.
3. For the defence of state independence, sovereignty and territorial integrity, as well as for the fulfilment of other tasks related to defence and security as provided for by the Constitution and international obligations, Georgia shall have Defence Forces.
4. The types and composition of the Defence Forces shall be defined by law. The quantity of the Defence Forces shall be approved by a majority of the total number of the Members of Parliament upon recommendation by the Government.
5. During martial law, the merging of bodies responsible for state and public security with the Defence Forces shall be permitted by a decree.
6. The Defence Forces shall act by the orders of the Minister of Defence in accordance with the procedures established by law and, during a state of emergency or martial law, by the orders of the Prime Minister.

Article 71. State of emergency and martial law

1. In cases of armed attack, or a direct threat of armed attack on Georgia, the President of Georgia shall, upon recommendation by the Prime Minister, declare martial law, sign a truce (provided that the appropriate conditions are in place), and shall immediately present these decisions to Parliament for approval. The decision to declare martial law shall enter into force upon its announcement. Parliament approves the decision upon its assembly. If Parliament does not approve the decision following a vote, it shall become null and void.
2. In cases of mass unrest, the violation of the country’s territorial integrity, a military coup d’état, armed insurrection, a terrorist act, natural or technogenic disasters or epidemics, or any other situation in which state bodies lack the capacity to fulfil their constitutional duties normally, the President of Georgia shall, upon recommendation by the Prime Minister, declare a state of emergency across the entire territory of the country or in any part of it, and shall immediately present this decision to Parliament for approval. The decision shall enter into force upon the announcement of the state of emergency. Parliament approves the decision upon its assembly. If Parliament does not approve the decision following a vote, it shall become null and void. Emergency powers shall only apply to the territory for which the state of emergency is declared.
3. During martial law or a state of emergency, the President of Georgia shall, upon recommendation by the Prime Minister, issue decrees that have the force of the organic law, and which shall be in force until the martial law or the state of emergency has been revoked. A decree related to the authority of the National Bank shall be issued with the consent of the President of the National Bank. A decree shall enter into force upon its issuance. A decree shall be submitted to Parliament immediately. Parliament approves the decision upon its assembly. If Parliament does not approve the decision following a vote, it shall become null and void.
4. During a state of emergency or martial law, the President of Georgia shall have the right to restrict by decree the rights listed in Articles 13, 14, 15, 17, 18, 19, 21 and 26 of the Constitution across the entire territory of Georgia or in any part of it. During a state of emergency or martial law, the President of Georgia shall have the right to suspend by decree Articles 13(2)-(6), 14(2), 15(2), 17(3), (5) and (6), 18(2), 19(3) of the Constitution across the entire territory of Georgia or in any part of it. The President of Georgia shall immediately submit the decree provided for by this paragraph to Parliament for approval. A decree on the restriction of a right shall enter into force upon its issuance, whereas a decree on the suspension of a norm shall enter into force upon approval by Parliament. A decree on the restriction of a right shall be approved in accordance with the procedure established by paragraph 3 of this article.
5. General elections shall not be held during a state of emergency or martial law. If a state of emergency is declared in a certain part of the country, a decision on whether to conduct elections in the rest of the territory of the country shall be made by Parliament.
6. A decision on revoking a state of emergency or martial law shall be adopted in accordance with the procedures established for declaring and approving a state of emergency or martial law.
7. Decisions by Parliament on issues provided for by this article shall be adopted by a majority of the total number of its members.

Article 72. Use of the Defence Forces

1. Decisions on the use of the Defence Forces during martial law shall be made by the Prime Minister and shall not require Parliament’s approval.
2. During a state of emergency, the President of Georgia shall take decisions on the use of the Defence Forces upon recommendation by the Prime Minister, and shall immediately submit the decisions to Parliament for approval. Decisions shall enter into force upon their approval by Parliament. During natural or technogenic disasters or epidemics, the Prime Minister shall take decisions on the use of the Defence Forces, and these decisions shall not require Parliament’s approval. During natural or technogenic disasters or epidemics, Parliament shall be authorised to take decisions on the termination of the use of the Defence Forces.
3. Upon recommendation by the Government, the President shall take decisions on the use of the Defence Forces in order to meet the country’s international obligations, and shall immediately submit such decisions to Parliament for approval. Decisions shall enter into force upon approval by Parliament.
4. For the purposes of state defence, in special cases, as well as in cases provided for by law, the President of Georgia shall, upon recommendation by the Government, take decisions about the entry, use and movement of military forces of another state in the country. Decisions shall be immediately submitted to Parliament for approval and shall enter into force upon approval by Parliament.
5. Decisions by Parliament on issues provided for by this article shall be made by a majority of the total number of its members.

Article 73. National Defence Council

1. During martial law, a consultative body – the National Defence Council – shall be created and shall be chaired by the President of Georgia. The National Defence Council shall be composed of the President of Georgia, the Prime Minister, the Chairperson of Parliament, the Minister of Defence and Chief of Defence Forces. By the decision of the President of Georgia, individual members of Parliament and of the Government may be invited to become members of the Council. The National Defence Council shall act until the martial law has been revoked.
2. The competences and procedure for the activity of the National Defence Council shall be determined by law.