Constitutional Court Formation and Composition Challenges
The establishment of a Constitutional Court—the highest judicial body responsible for interpreting the constitution—is a critical step in ensuring legal stability. According to the governing law, this specific court was designed to consist of five judges. To begin its official operations, a minimum of three judges needed to be sworn in by the deadline of January 1, 2017.
Initial Nomination Process
In November 2016, President Raul Khajimba initiated the process by nominating five candidates to fill the court's seats: Liudmila Khojashvili (former Justice Minister), Sergei Smir (former Central Election Chairman), Iakub Lakoba (a two-time Presidential candidate), Tamaz Ketsba, and Raul Pant.
The People's Assembly, the legislative body responsible for the election, voted on these candidates on November 22. Out of 35 total votes, only two candidates were successfully elected: Liudmila Khojashvili with 26 votes and Raul Pant with 25 votes. The remaining candidates—Smyr, Ketsba, and Lakoba—failed to secure enough support, receiving 20, 17, and 12 votes, respectively.
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President Khajimba criticized the Assembly's failure to approve the majority of his nominees. He argued that the voting procedure required deputies to vote specifically for or against, whereas many had actually abstained. He specifically highlighted that Tamaz Ketsba's candidacy had been supported by a group of Parliament members. Despite the deadlock, Khojashvili and Pant were formally sworn in on November 29.
Political Negotiations and Deadlines
Following protests by the opposition against Khajimba's government, a political agreement was reached. This compromise allowed the opposition to nominate a new Prosecutor General and two members of the Constitutional Court. The opposition selected lawyer Roza Zantaria and Sukhumi City Court judge Rustam Chagava. Additionally, the incumbent Prosecutor General, Nuri Tania, was nominated for a judgeship.
However, the appointment process faced further hurdles. On December 29, the People's Assembly postponed the vote, citing that Rustam Chagava lacked sufficient experience and that Roza Zantaria had refused the nomination.
Extending the Mandate
Because the original January 1, 2017, deadline for the court's formation had passed, the People's Assembly adopted a bill on January 18, 2017, formally extending the deadline to June 1, 2017. During this period, the Assembly elected Nuri Tania with the support of 24 out of 27 deputies present.
The process continued into February, when the People's Assembly elected a different opposition nominee, Diana Pilia (Head of the Cabinet Staff), with 25 votes in favor, 2 against, and 2 spoiled ballots.
Key Facts
- Required Composition: 5 judges total.
- Operational Threshold: Minimum of 3 sworn-in judges.
- Original Deadline: January 1, 2017.
- Revised Deadline: June 1, 2017.
- Successful Appointees: Liudmila Khojashvili, Raul Pant, Nuri Tania, and Diana Pilia.
| Candidate | Nominated By | Outcome | Notes |
|---|---|---|---|
| Liudmila Khojashvili | President Khajimba | Elected | 26 votes |
| Raul Pant | President Khajimba | Elected | 25 votes |
| Sergei Smir | President Khajimba | Rejected | 20 votes |
| Tamaz Ketsba | President Khajimba | Rejected | 17 votes |
| Iakub Lakoba | President Khajimba | Rejected | 12 votes |
| Roza Zantaria | Opposition | Rejected | Refused nomination |
| Rustam Chagava | Opposition | Rejected | Deemed inexperienced |
| Nuri Tania | Government/Agreement | Elected | 24 of 27 votes |
| Diana Pilia | Opposition | Elected | 25 votes in favor |
Frequently Asked Questions
How many judges were required for the Constitutional Court to operate?
The court was designed to have five judges in total, but it could begin operating once at least three judges had been sworn in.
Why was the original deadline for the court's formation missed?
The deadline was missed because the People's Assembly failed to approve a sufficient number of the President's initial nominees and later postponed votes on opposition nominees.
Who were the first two judges sworn into the court?
Liudmila Khojashvili and Raul Pant were the first to be sworn in on November 29, 2016.
What happened to the opposition's first nominees, Zantaria and Chagava?
Roza Zantaria refused the nomination, and Rustam Chagava was rejected by the People's Assembly due to a perceived lack of experience.
When was the final deadline for the court's formation set?
The People's Assembly adopted a bill on January 18, 2017, extending the deadline to June 1, 2017.