Assessment of the Performance of the Georgian Parliament
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ASSESSMENT OF THE PERFORMANCE OF THE GEORGIAN PARLIAMENT SPRING, FALL AND EXTRAORDINARY SESSIONS 2014 TBILISI 2015 Research authors: Lika Sajaia, Giorgi Oniani, Tamar Tatanashvili Contributors: George Topouria, Ana Dabrundashvili, Andria Nadiradze, Gigi Chikhladze Transparency International Georgia Address: 26, Rustaveli Avenue, Tbilisi Georgia 0108 Phone: (+995 32) 292 14 03 E-mail: [email protected], [email protected] Website: http://transparency.ge, http://MyParlamenti.ge The following report was prepared within the scope of the Transparency International Georgia’s Parliamentary Monitoring Project with the financial support of the Swedish International Development Cooperation Agency (Sida). CONTENTS INTRODUCTION 4 10.1. REASONABLE CAUSE OF ABSENCE FROM PLENARY SESSIONS 27 CHAPTER 1: GENERAL INFORMATION ABOUT THE PARLIAMENT 4 10.2. PLENARY SESSION AND COMMITTEE MEETING ABSENCES WITHOUT A REASONABLE CAUSE 28 CHAPTER 2: GENERAL STATISTICS 5 10.3. DISCIPLINARY RESPONSIBILITY OF MPS 30 CHAPTER 3: IMPORTANT EVENTS 7 CHAPTER 11. PERFORMANCE OF PARLIAMENTARY COMMITTEES 31 CHAPTER 4: IMPORTANT LEGAL AMENDMENTS 10 11.1. COMMITTEE PARTICIPATION IN THE LEGISLATIVE PROCESS 31 CHAPTER 5. PARLIAMENTARY CONTROL AND ELECTION OF PUBLIC OFFICIALS BY THE PARLIAMENT 13 11.2. COMMITTEE REACTIONS TO CITIZEN APPLICATIONS 33 5.1 HEARINGS OF ANNUAL REPORTS OF THE BODIES ACCOUNTABLE TO THE PARLIAMENT 14 11.3. LEGAL ISSUES COMMITTEE REPRESENTATION IN THE CONSTITUTIONAL COURT 34 5.2. CONTROL FUNCTION OF MPS AND PARLIAMENTARY COMMITTEES 14 11.4. FOREIGN AFFAIRS COMMITTEE AND FOREIGN POLICY 34 5.3. ELECTION OF PUBLIC OFFICIALS BY THE PARLIAMENT 15 CHAPTER 12. ACTIVITIES OF THE MAJORITARIAN MPS 35 CHAPTER 6. INFORMATION ABOUT MPS (EDUCATION, AGE, PROFESSION) 18 12.1 THE FREQUENCY OF CITIZEN APPLICATIONS AND IDENTIFIED PROBLEMS 36 6.1 AGE 18 12.2. PUBLIC MEETINGS AND IMPORTANT ISSUES 37 6.2 EDUCATION AND PROFESSION 18 12.3. VOTER SURVEY AND ITS RESULTS 37 CHAPTER 7. WOMEN’S PARTICIPATION IN THE PARLIAMENT 19 12.4 THE RELATIONSHIP BETWEEN MP OFFICES AND LOCAL GOVERNMENT AUTHORITIES 37 CHAPTER 8. PERFORMANCE OF THE GENDER EQUALITY COUNCIL 20 CHAPTER 13. BUSINESS CONNECTIONS AND UNDECLARED COMMERCIAL ACTIVITIES OF MPS 56 CHAPTER 9. ACTIVITIES AND PERFORMANCE OF MEMBERS OF PARLIAMENT 23 13.1 BUSINESS CONNECTIONS OF MPS 56 9.1. NUMBER OF SPEECHES MADE BY MPS DURING PLENARY SESSIONS 23 13.2. UNDECLARED BUSINESS ACTIVITIES OF MPS 66 9.2. THE NUMBER OF DRAFT LAWS INITIATED BY MPS AND ADOPTED DURING THE 2014 SPRING, CHAPTER 14. PUBLIC OPINION ON MPS AND THE PARLIAMENT’S PERFORMANCE 68 FALL AND EXTRAORDINARY SESSIONS OF THE PARLIAMENT 25 CHAPTER 15. STATISTICS ON THE PARLIAMENT’S LEGISLATIVE ACTIVITIES OF 2012-2014 78 CHAPTER 10. PLENARY SESSION AND COMMITTEE MEETING ATTENDANCE OF MPS AND DISCIPLINARY RESPONSIBILITY 26 CHAPTER 16. RECOMMENDATIONS TO SOLVE PROBLEMS IN THE PARLIAMENT’S PERFORMANCE 78 4 ASSESSMENT OF THE PERFORMANCE OF THE GEORGIAN PARLIAMENT SPRING, FALL AND EXTRAORDINARY SESSIONS 2014 5 INTRODUCTION • Defense and Security Committee • Legal Issues Committee • Regional Policy and Self-Governance Committee Transparency International Georgia (TI Georgia) conducts an annual assessment of the Parliament’s performance • Foreign Relations Committee as part of its parliamentary monitoring program. Our organization has a parliamentary team that is actively in- • Procedural Issues and Rules Committee volved in the monitoring process of parliamentary activities. TI Georgia has parliamentary offices in both Tbilisi • Budget and Finance Committee and Batumi Parliament buildings. • Sports and Youth Issues Committee • Healthcare and Social Issues Committee TI Georgia’s 2014 report on the Performance of the Georgian Parliament is based on information researched by our organization, observations made by our parliamentary offices, and statistical data requested from the Parlia- Factions are also formed in the Parliament. These are unions of MPs with the purpose of achieving common po- ment. litical goals, such as expressing and pursuing their domestic and foreign policies in the supreme legislative body. The report also includes the results of a public opinion survey conducted by CRRC upon TI Georgia’s request. The The Parliamentary Factions are: survey was conducted in 2015 April with 1867 randomly selected respondents being interviewed exept territory that are densely populated by ethnic minorities and occupied territories. Majority Factions: We would like to give special thanks to the Parliament’s Organizational Department and its head Eter Svianaidze • The Georgian Dream for cooperation. • The Georgian Dream - Republicans • The Georgian Dream - Conservatives • The Georgian Dream - National Forum • The Georgian Dream - Entrepreneurs CHAPTER 1 GENERAL INFORMATION ABOUT THE PARLIAMENT • Independent Majoritarians – for Powerful Regions • Non-party, Independent Majoritarians The Parliament is the country’s highest representative body that holds legislative power, determines the main Minority Factions: directions of domestic and foreign policies, controls the activities of the Georgian government within the consti- tutional framework, and exercises other powers granted to it by the Constitution and other legislative acts. • The United National Movement • The National Movement Majoritarians The Parliament consists of 77 members elected through a proportional system and 73 members elected through • The National Movement - Regions a majoritarian system. The Parliament is elected with a 4 year term. The faction Free Democrats is part of neither the majority nor the minority. The current Parliament is 8th convocation state legislature of Georgia. It was elected on October 1, 2012 until 2016 when the next parliament is elected. In addition, there are four independent MPs that are not affiliated with any faction: The parliamentary committees play an important role in the legislative body. Their goal is to perform preliminary • Davit Bezhuashvili - a majoritarian MP representing Tetristkaro preparation of legislative matters, promote the implementation of decisions made by the Parliament, and control • Giorgi Gachechiladze - party list the activities of the Georgian government and specific government bodies accountable to the Parliament. The • Koba Davitashvili - party list Parliament establishes committees in accordance with its 4 year term. • Murman Dumbadze - a majoritarian MP representing Batumi The Parliamentary Committees are: • Agrarian Issues Committee CHAPTER 2 GENERAL STATISTICS • Human Rights and Civil Integration Committee • Education, Science and Culture Committee • Environmental Protection and Natural Resources Committee According to information provided to us by the Parliament’s Organizational Department, a total of 56 plenary • Sector Economy and Economic Policy Committee sessions (including 14 extraordinary ones) were held by the Parliament during the spring and fall sessions of 2014. • Diaspora and Caucasus Issues Committee The Parliament’s Bureau held 104 and parliamentary committees held 552 total meetings in the same period. In • Committee on European Integration 6 ASSESSMENT OF THE PERFORMANCE OF THE GEORGIAN PARLIAMENT SPRING, FALL AND EXTRAORDINARY SESSIONS 2014 7 2014, the parliamentary minority boycotted the Parliament’s work on two occasions. Committee hearings were mainly held in the Tbilisi Parliament building since September 2014. The minority considers holding committee CHAPTER 3 IMPORTANT EVENTS hearings in Tbilisi unconstitutional and has not been attending them as a result. RATIFICATION OF THE ASSOCIATION AGREEMENT The Parliament adopted 327 laws during its spring, fall and extraordinary sessions of 2014. Out of these: The ratification of the Association Agreement between Georgia and the European Union in 2014 was an event of extreme importance. On December 18, 2014 the Georgian Parliament ratified the ‘Association Agreement • 219 were initiated by the government • between the European Union and the European Atomic Energy Community and their Member States, of the one 20 initiated by parliamentary committees part, and Georgia, of the other part’ with 123 votes. • 6 initiated by parliamentary factions • 1 initiated by the Supreme Council of the Autonomous Republic of Adjara • On December 18, 2014 the European Parliament also ratified the EU-Georgia Association Agreement. The deci- 1 initiated by the Supreme Council of the Autonomous Republic of Abkhazia sion was supported by 490 members of the European Parliament. This document is an agreement on cooperation between the EU and a non-EU country. It includes political, trade, social, cultural and security fields. The Parlia- MPs initiated more laws during the first year of the current Parliament. A total of 620 laws were initiated in the ments of all EU member state must ratify the agreement in order for it to take effect. Parliament from October 21, 2012 to October 21, 2013. The highest portion of these laws - 49.7% was initiated by the MPs. By becoming an associated member of the EU a partner country commits to implementing political, economic, trade and judicial reforms, and to harmonizing its legal framework with that of the EU. In exchange, the partner The President used his veto power on two occasions in 2014. In both cases vetoes were places on the law related country is given free access to the EU market. Associated members also receive financial and technical assistance. to secret surveillance. The Parliament shared the President’s concerns in one case but overturned the