Constitutional Court Accepts Public Defender’s Constitutional Complaint for Consideration on Its Merits
Date of article: 07/08/2026
Daily News of: 12/08/2026
Country:
Georgia
Author:
Article language: en
By the decree of July 30, 2026, the Constitutional Court of Georgia accepted Constitutional Complaint No. 1936 of the Public Defender of Georgia for consideration on its merits.
The Constitutional Court will review the prohibitions imposed on the participants in assemblies or demonstrations by the Law of Georgia on Assemblies and Demonstrations, such as: a blanket prohibition on covering the face with a mask or any other means; as well as the prohibition on participating in an assembly or demonstration terminated at the request of the Ministry of Internal Affairs of Georgia.
The creation of intentional obstacles to the movement of people or transport[1] and the artificial blocking of the roadway or sidewalk, if this is not required by the number of participants in the assembly or demonstration,[2] and the constitutionality of the prohibition on the arrangement of temporary structures, will also be reviewed on the merits.[3]
The court will consider the aforementioned substantive prohibitions in relation to the freedom of expression and assembly guaranteed by the Constitution of Georgia.[4]
The Constitutional Court will also review imprisonment without alternative[5] provided for by the Code of Administrative Offences of Georgia and the exceptional fine provided for by the same Code on their merits.[6]
The Court will also review deprivation of liberty[7] provided for by the Criminal Code of Georgia for violation of the rules for holding an assembly or demonstration. The constitutionality of the form of liability and sanction established by legislation will be considered in relation to both the right to freedom of expression and assembly, as well as the principle of proportionality of punishment guaranteed by the Constitution of Georgia.
[1] Subparagraph “a2” of paragraph 2 of Article 11 of the Law of Georgia on Assemblies and Demonstrations;
[2] Subparagraph “e” of paragraph 2 of Article 11 of the Law of Georgia on Assemblies and Demonstrations;
[3] Subparagraph 4 of Article 111 of the Law of Georgia on Assemblies and Demonstrations;
[4] Subparagraph “f” of paragraph 2 of Article 11 of the Law of Georgia on Assemblies and Demonstrations;
[5] Paragraph 1 of Article 17 and paragraph 1 of Article 21 of the Constitution of Georgia;
[6] Part 9 of Article 1741 of the Administrative Offences Code of Georgia; Article 1741, part 10 of the Administrative Offences Code of Georgia;
[7] Article 347, parts 1, 2, 3 and 4 of the Criminal Code of Georgia;
[8] Article 9, paragraph 2, Constitution of Georgia;
