Effectiveness of Individual Constitutional Complaints during Legal Proceedings before The Common Courts

Abstract

The current Civil Procedure Code of Georgia does not determine the courts’ competency or their obligation to suspend legal proceedings whenever the Constitutional Court is considering the constitutionality of the law applicable to the said legal proceedings. Similarly, the law does not specify grounds for suspension of legal proceedings in cases where during the proceedings before common courts, a party to the case believes that an applicable legal norm does not comply with the constitution and hence, the party brings a claim before the Constitutional Court. The present article addresses the effectiveness of individual constitutional complaints, as of a mechanism aiming to guarantee the protection of violated rights in the context of the lack of definition of the suspension of legal proceedings before the common courts.

Keywords

• constitutional court of georgia
• effectiveness of rights
• common courts in constitutional adjudication
• constitutional law