THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
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(Article 128(1) § 3), while the chairman of the PEC was appointed by the
chairman of the corresponding DEC (Article 128(2) § 3). Five members of
the DECs were appointed by one of the members of the CEC who had been
appointed by the President of Georgia and granted this power by him or her
(Article 128(1) § 4). Five members of the PECs were appointed by one of
the five members of the corresponding DEC, appointed in accordance with
Article 128(1) § 4.
By an amendment of 22 April 2005, the provisional rules under
Articles 128, 128(1) and 128(2), as described above, were annulled.
45. Following an application by two voters, on 26 December 2003 the
Constitutional Court suspended the effect of Article 9 §§ 7, 8, 10 and 12 and
Article 10 §§ 1 (e) and 6 of the EC in the part regulating the time-limits for
adding and revising voters’ names on electoral rolls. On 24 January 2005
the Constitutional Court invalidated Article 9 § 12 of the EC, upholding the
constitutionality of the rest of the disputed provisions. The relevant part of
the judgment provides as follows:
“... The registration of voters through the unified electoral roll is what provides
citizens with the basis for exercising their right to vote. Consequently, under the
disputed provision the right to vote is being denied to those citizens who do not find
their names on the roll and are unable to register during the ten days preceding the
election date, whereas a court ruling is necessary for registration between the
nineteenth and tenth day prior to the election ...
The registration of voters is the responsibility of the relevant State authorities. When
a citizen’s name is not found on the electoral roll, this is [the State authorities’]
omission and should not limit the citizen’s right to vote. The Electoral Code should
secure not merely formal but real mechanisms that would enable the exercise of the
constitutional right.”
III. RELEVANT INTERNATIONAL LEGAL DOCUMENTS
A. Resolution 1363 (28 January 2004) of the Parliamentary
Assembly of the Council of Europe (PACE) - “Functioning of
Democratic Institutions in Georgia”
46. The relevant provisions of the Resolution provide as follows:
“...
7. ... [T]he Assembly asks the Georgian authorities to adopt without delay a number
of measures, which must be fully implemented when the forthcoming parliamentary
elections are held on 28 March 2004, in particular:
(i) to amend the Electoral Code and all other electoral legislation and regulations, ...
so as to: