Thread by @EerikNKross

A bit about the constitutional crises in Georgia.
President @Zourabichvili_S has
1. declared Parliamentary elections illegitimate.
2. declared the a Russian operation is ongoing attempting to take over Georgia
3. said the sitting government is illegitimate
1/n

This has sever constitutional consequences.
Article 49.1 of Georgian Constitution states:
The President of Georgia is the Head of the state of Georgia and is the guarantor of the country’s unity and national independence.
2/n

The President has stated that the independence of the nation is under threat.
She should declare the state of Emergency, but she cannot because the Prime Minister should propose this.
Its obvious the illegitimate PM will not do it.
3/n

Article 72.2: in ...other situation in which state bodies lack the capacity to fulfil their constitutional duties normally, the President of Georgia shall, upon recommendation by the Prime Minister, declare a state of emergency across the entire territory of the country
4/n

As guarantor of national independence the President has called upon Georgia's allies to support the people of Georgia to defend Georgia's democracy and the choice of the people against Russia's interference.
5/n

The constitutional conflict is that acc to Article 52.1, the President exercises representative powers in foreign relations "with the consent of the Government" (which she has declared illegitimate) while
6/n

she has taken an oath to "defend the Constitution of Georgia, the independence, unity and indivisibility of the country".
If she is determined to honor her oath and is convinced that national independence is under that she has to act against the government. There is no constitutional norm for this situation
7/n

She has addressed the people of Georgia - she has that right under Article 52.3 and called upon them to stand up to the threat.
8/n

The President is also the "Supreme Commander-in-Chief of the Defence Forces of Georgia." Article 49.2. However, she cannot give direct orders to the defence Forces, this is the right of the Defence Minister in peacetime. Hence, the allegiance of the Defence Forces is split in this situation.
9/n

Even if the Government has declared a victory in elections, the Constitution says that "the first meeting of Parliament is called by the President." Article 38.
In a situation where the President does not recognise the elec results obviously she cannot call the session
10/n

This means, the Parliament cannot gather before the President accepts the results of elections.
11/n

Additionally, the Constitution says: "Parliament shall acquire full powers once this is acknowledged by two thirds of the Members of Parliament." Since GD has less than 2/3 even under the rigged results and 4 opposition parties have not recognised the results, there cannot be a constitutionally accepted Parliament
12/n