RULES OF PROCEDURE OF THE PARLIAMENT OF GEORGIA RULES OF PROCEDURE THE PARLIAMENT GEORGIA 2019 Parliament of Georgia RULES OF PROCEDURE OF THE PARLIAMENT OF GEORGIA Parliament of Georgia Tbilisi 2019 Published with the support of the European Union and United Nations Development Programme (UNDP). CONTENTS Chapter I. General Provisions . 5 Chapter II. Member of the Parliament . 8 Chapter III. Chair (Speaker) of the Parliament and Deputies . 19 Chapter IV. Bureau of the Parliament . 28 Chapter V. Committees of the Parliament . 32 Chapter VI. Faction, the Majority, the Minority . 53 Chapter VII. Temporary Investigative and other Temporary Commissions . 61 Chapter VIII. Consultative Bodies of the Parliament . 75 Chapter IX. Parliamentary Sessions and Sittings . 80 Chapter X. Law-making Process . .100 Chapter XI. Decree of the Parliament . .139 Chapter XII. The Budgetary Powers of the Parliament . .142 Chapter XIII. Parliamentary Oversight . .159 Chapter XIV. International Relations of the Parliament. Ratification, Denunciation and Annulment of International Treaties . .201 Chapter XV. Special Procedures . .209 Chapter XVI. Appointment of Officials . .216 Chapter XVII. Office of the Parliament and Security . .243 3 Chapter XVIII. Institutions Existing at the Parliament . .249 Chapter XIX. Responsibility for Violation of the Rules of Procedure / Parliamentary Ethics . .251 Chapter XX. Transitional and Concluding Provisions . .258 4 CHAPTER I GENERAL PROVISIONS Article 1. The Parliament of Georgia, Principles for the Ac- tivities of the Parliament of Georgia and the Rules of Proce- dure of the Parliament of Georgia 1. The Parliament of Georgia (hereinafter referred to as — the Parliament) is the supreme representative body of the country, which exercises legislative power and determines the principal directions of the country’s domestic and foreign policy, oversees the activities of the Government of Georgia as provided for by the Constitution of Georgia and exercises other powers determined by the Constitution. 2. The main principles of the work of the Parliament are: a) The supremacy of the interests of the people; b) Multiparty system; c) Ensuring representative proportionality; d) Free and collective discussion and resolution of issues; e) Consistent compliance with the laws of Georgia; f) Compliance with, and respect for, the universal norms of international law; g) Publicity; and h) Transparency and accessibility. 3. The Parliament works in Georgian, the state language of Georgia. 4. The Rules of Procedure of the Parliament (hereinafter referred to as — the Rules of Procedure) is a legislative act with power equal to law, which determines the powers, structure and rules of work of the Parliament. 5 The Rules of Procedure of the Parliament of Georgia Article 2. Palace of the Parliament 1. The Parliament is located in Tbilisi, the capital city of Georgia. A temporary change to the Parliament’s location for the purpose of calling a sitting or a session is permissible only in the state of emergency or martial law. The Chair (Speaker) of the Parliament makes any decision on any temporary change to the location of the Parliament. 2. The legal address of the Parliament is the Palace of the Par- liament, Rustaveli Avenue N8. A temporary change to the Parlia- ment’s legal address for the purpose of calling a sitting or a session is permissible only by the decision of the Chair (Speaker) of the Parliament in in objective factual circumstances where the proper functioning of the Palace of Parliament is impossible”. 3. The offices of Members of the Parliament and parliamentary officials carry the national flag and state emblem of Georgia. 4. The original Georgian Constitution and the book of honorable guests of the Parliament are kept in a place of honor in the Palace of the Parliament. 5. In order to introduce the history of the Palace of the Parlia- ment to the public, the Palace of the Parliament shall be open to interested individuals. 6. For the purpose of ensuring the accessibility of the Palace of the Parliament for persons with disabilities, the Parliament shall ensure that the Palace of the Parliament is equipped with the nec- essary facilities and equipment. Article 3. Parliamentary Rewards 1. The Order of Freedom of Georgia and Parliament Medal are established in the Parliament. 2. The Order of Freedom of Georgia shall be awarded to any citizen of Georgia or foreigner for a remarkable contribution to par- liamentarianism. 6 Chapter I. General Provisions 3. Public servants of the Office of the Parliament are awarded with the Parliament Medal for a significant contribution to the im- plementation of parliamentary activities. 4. The Chair (Speaker) of the Parliament, in agreement with the Bureau of the Parliament, decides whether a certain person is to be awarded with the Order of Freedom of Georgia and the Chair (Speaker) of the Parliament decides on whether a certain person is to be awarded with the Parliament Medal. 5. Be the Order, the Chair (Speaker) of the Parliament deter- mines the rule of awarding persons with the Medal of Freedom and Medal of Parliament, amount of cash award, descriptions of the Order of Freedom of Georgia and Medal of the Parliament. Article 4. Calculation of Terms 1. The terms that are defined by the Constitution of Georgia in days, refer to calendar days. 2. Terms that are defined by these Rules of Procedure in days, refer to working days, except where terms are defined by the Con- stitution of Georgia and where calendar days are directly defined by law and the Rules of Procedure. 3. The terms defined by the Rules of Procedure are suspended during the period between sessions of the Parliament, except for particular cases stipulated in the Constitution of Georgia. The Bu- reau of the Parliament is authorized to make a decision on extend- ing the terms during the period between sessions. 7 CHAPTER II MEMBER OF THE PARLIAMENT Article 5. Mandate of a Member of the Parliament 1. A Member of the Parliament (hereinafter — MP) is the princi- pal subject of parliamentary activities. An MP represents the whole of Georgia, has a free mandate and cannot be recalled. While im- plementing his/her duties, s/he is not restricted by the regulations and tasks of the constituencies or political organizations that nom- inated him/her. 2. It is not permitted for the powers of an MP to be transferred to another person. 3. The free mandate of an MP does not exempt him/her from work with a constituency according to the rules determined by the Rules of Procedure and other responsibilities as provided for by the Rules of Procedure. 4. The MP has an MP’s ID and wears a badge. The Bureau of the Parliament approves the regulations, samples and descriptions of them. Article 6. Confirmation or Termination of Powers of an MP Ahead of Time 1. The Parliament, by decree, decides on the issue of the con- firmation or termination of powers of an MP ahead of time. This decision of the Parliament may be appealed to the Constitutional Court of Georgia. 2. Powers of an MP are terminated ahead of time if s/he: a) Applies to the Parliament with his/her personal statement on the termination of powers; 8 Chapter II. Member of the Parliament b) Holds a position incompatible with the status of an MP or carries out incompatible activities; c) If s/he misses more than half of the regular sittings during the regular session for impermissible reasons; d) If s/he is found guilty with the court’s judgment entered into force; e) If s/he is recognized as a beneficiary of support and is placed in a relevant inpatient medical institution according to the court’s judgement, or the court recognizes him/her as miss- ing or dead; f) Has passed away; g) Loses Georgian citizenship; h) The powers are terminated upon the judgement of the Constitutional Court of Georgia. 3. A written statement of an MP on the rejection of his/her pow- ers is submitted to the Chair (Speaker) of the Parliament, who im- mediately transfers it to the Committee on Procedural Issues and Rules. The committee examines the validity of the statement, studies the circumstances on which the statement was based, and within no fewer than 8 and no more than 15 days presents a rele- vant conclusion. Within 7 days of the submission of the statement on rejection of the powers to the Chair (Speaker) of the Parliament, the MP may request back his/her statement and continue exercis- ing his/her authority. 4. Newly elected MPs shall quit work/activity incompatible with the status of an MP from the moment his/her powers are confirmed and within 7 days from the day his/her powers are confirmed s/he shall submit to the Committee on Procedural Issues and Rules a certificate confirming the quitting of the incompatible work/activ- ity. In the event of this requirement being violated, the powers of the MP are terminated ahead of time as provided for by the Rules of Procedure. 9 The Rules of Procedure of the Parliament of Georgia 5. If an MP carries out entrepreneurial activities, within 10 days of the disclosure of the fact, the Committee on Procedural Issues and Rules shall requests the case-related documents, collects his/ her explanations from the MP in question and prepares a relevant conclusion. If the MP’s entrepreneurial activities are confirmed, the relevant conclusion is submitted to the Bureau of the Parliament that puts the issue of termination ahead of time of the authority of the MP on the agenda of the nearest plenary sitting. 6. In the event of the Parliament appointing an MP to a position incompatible with the status of an MP, his/her powers will be termi- nated ahead of time with the same decision.