§ Article 71State of emergency and martial law

State of emergency and martial law

1. In cases of armed attack, or a direct threat of armed attack on Georgia, the President of Georgia shall, upon recommendation by
the Prime Minister, declare martial law, sign a truce (provided that the appropriate conditions are in place), and shall immediately
present these decisions to Parliament for approval. The decision to declare martial law shall enter into force upon its
announcement. Parliament approves the decision upon its assembly. If Parliament does not approve the decision following a vote,
it shall become null and void.

2. In cases of mass unrest, the violation of the country’s territorial integrity, a military coup d’état, armed insurrection, a terrorist
act, natural or technogenic disasters or epidemics, or any 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 or in any part of it, and shall immediately present this decision to Parliament
for approval. The decision shall enter into force upon the announcement of the state of emergency. Parliament approves the
decision upon its assembly. If Parliament does not approve the decision following a vote, it shall become null and void. Emergency
powers shall only apply to the territory for which the state of emergency is declared.

3. During martial law or a state of emergency, the President of Georgia shall, upon recommendation by the Prime Minister, issue
decrees that have the force of the organic law, and which shall be in force until the martial law or the state of emergency has been
revoked. A decree related to the authority of the National Bank shall be issued with the consent of the President of the National
Bank. A decree shall enter into force upon its issuance. A decree shall be submitted to Parliament immediately. Parliament
approves the decision upon its assembly. If Parliament does not approve the decision following a vote, it shall become null and
void.

4. During a state of emergency or martial law, the President of Georgia shall have the right to restrict by decree the rights listed in
Articles 13, 14, 15, 17, 18, 19, 21 and 26 of the Constitution across the entire territory of Georgia or in any part of it. During a state
of emergency or martial law, the President of Georgia shall have the right to suspend by decree Articles 13(2)-(6), 14(2), 15(2),
17(3), (5) and (6), 18(2), 19(3) of the Constitution across the entire territory of Georgia or in any part of it. The President of
Georgia shall immediately submit the decree provided for by this paragraph to Parliament for approval. A decree on the restriction
of a right shall enter into force upon its issuance, whereas a decree on the suspension of a norm shall enter into force upon
approval by Parliament. A decree on the restriction of a right shall be approved in accordance with the procedure established by
paragraph 3 of this article.

5. General elections shall not be held during a state of emergency or martial law. If a state of emergency is declared in a certain
part of the country, a decision on whether to conduct elections in the rest of the territory of the country shall be made by
Parliament.

6. A decision on revoking a state of emergency or martial law shall be adopted in accordance with the procedures established for
declaring and approving a state of emergency or martial law.

7. Decisions by Parliament on issues provided for by this article shall be adopted by a majority of the total number of its members.

Constitutional Law of Georgia No 1324 of 13 October 2017 – website, 19.10.2017

Constitutional Law of Georgia No 2071 of 23 March 2018 – website, 2.4.2018

http://www.matsne.gov.ge 010.010.000.01.001.000.116
Article 72 – Use of the Defence Forces

1. Decisions on the use of the Defence Forces during martial law shall be made by the Prime Minister and shall not require
Parliament’s approval.

2. During a state of emergency, the President of Georgia shall take decisions on the use of the Defence Forces upon
recommendation by the Prime Minister, and shall immediately submit the decisions to Parliament for approval. Decisions shall
enter into force upon their approval by Parliament. During natural or technogenic disasters or epidemics, the Prime Minister shall
take decisions on the use of the Defence Forces, and these decisions shall not require Parliament’s approval. During natural or
technogenic disasters or epidemics, Parliament shall be authorised to take decisions on the termination of the use of the Defence
Forces.

3. Upon recommendation by the Government, the President shall take decisions on the use of the Defence Forces in order to meet
the country’s international obligations, and shall immediately submit such decisions to Parliament for approval. Decisions shall
enter into force upon approval by Parliament.

4. For the purposes of state defence, in special cases, as well as in cases provided for by law, the President of Georgia shall, upon
recommendation by the Government, take decisions about the entry, use and movement of military forces of another state in the
country. Decisions shall be immediately submitted to Parliament for approval and shall enter into force upon approval by
Parliament.

5. Decisions by Parliament on issues provided for by this article shall be made by a majority of the total number of its members.

Constitutional Law of Georgia No 1324 of 13 October 2017 – website, 19.10.2017

Constitutional Law of Georgia No 2071 of 23 March 2018 – website, 2.4.2018