Home > 3.3 Mixed systems > GEORGIA - Opinion on the amendments to the Organic Law Election Code of Georgia, pertaining to local elections
 
 
 
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Paragraph 35
 

The Venice Commission and the ODIHR have previously found that the formation of electoral districts in the Georgian legal framework undermined the principle of equality of suffrage. For example, in 2011 the Venice Commission and the ODIHR concluded that the then draft Code under examination did not provide explicit criteria to be used in forming the majoritarian districts. The current amendments revert to the situation preceding the amendments in 2021, lacking clear criteria and procedures for the delimitation of this fundamental rule of the electoral law. Following the amendments, only criteria for the definition of boundaries in relation to Tbilisi are in place, where the law states that the CEC can change boundaries “taking into consideration the territorial and administrative peculiarities of the municipality concerned” (amended Art. 137 para. 3 of the Election Code). For all the other municipalities no criteria on how to define the electoral districts are provided for in the law. In turn, the new para. 2 of Art. 18 of the Election Code provides that the law shall (continue to) define “the creation of local electoral districts, their boundaries, names and numbers.” The Venice Commission finds that this wording does not represent a sufficiently demarcated legal definition and gives an excessive margin of discretion to delineate the electoral majoritarian constituencies to the DEC and to the CEC and, indirectly by doing so, to decide on the number of majoritarian districts represented in the Sakrebulos. Therefore, and whereas the amendments seem to prescribe the drawing of constituency boundaries based on pre-existing administrative division, the new text does not preclude the creation of electoral districts ex nihilo by the DEC and the CEC.