Home > Voting procedures > GEORGIA - Joint Opinion on the Election Code
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Paragraph 74

Article 100.2 of the Election Code permits a party or bloc, under some circumstances, to cancel the registration of a candidate. It is not clear from the translated text whether the candidate’s registration could be cancelled after he/she is elected. If cancellation after election is possible, then this would amount to a system of imperative mandate and appears to conflict with the constitutional provision that an elected Member of Parliament cannot be recalled (Article 52.1 of the Constitution) and directly contravenes the 1990 OSCE Copenhagen Document. Paragraph 7.9 of the 1990 OSCE Copenhagen Document requires that “candidates who obtain the necessary number of votes required by law are duly installed in office and are permitted to remain in office until their term expires or is otherwise brought to an end in a manner that is regulated by law in conformity with democratic parliamentary and constitutional procedures”. Article 100.2 would not be in conformity with democratic parliamentary and constitutional procedures if it permitted withdrawal of the elected candidate’s mandate.[37] The withdrawal of mandates of elected Members of Parliament by parties that nominated them runs counter to democratic principles and OSCE Commitments. While the formulation of this provision has been somewhat improved by the 23 June amendment, it is recommended that the original official text of the law published in accordance with legal procedures be checked to verify whether this concern arises due to translation and to avoid any possible misinterpretation.