Georgian president and PM cannot decide on European association

Georgian President Georgy Margvelashvili said in an interview with TV Imedi that “the head of state should put the signature on the EU association agreement in Brussels on June 27.” He clarified that the agreement needed long and scrupulous work in the government and the parliament and adoption of hundreds of laws. The head of state, in his words, is the link between the executive and the legislative powers in the country. Prime Minister Garibashvili reciprocated that he will sign the document.

The president was elected by the population. The Constitution gives him the right to sign international treaties, although he still needs to harmonise foreign political decisions with the prime minister. This does not mean that the prime minister can sign international documents or forbid the president from signing them. 31-year-old Prime Minister Irakly Garibashvili hinted during the visit of President of the European Council Herman Van Rompuy that he will visit Brussels on June 27 to sign the agreement.

All other ministers and leaders of the ruling Georgian Dream coalition reaffirm the PM’s words. One of them said: “The prime minister is responsible for realization of the EU agreement. This is why he should be the one signing the document.”

In any case, 47 year-old Margvelashvili has publicly challenged billionaire Bidzina Ivanishvili, the informal leader of the country, for the first time. It is obvious that the ex-PM still has his own people in the government, despite his formal resignation, and does not want the president to take credit for signing the decisive association agreement. Bidzina Ivanishvili has recently said that he was disappointed with the president, who had been trying to be independent on many especially important issues. The billionaire has never needed to ask Prime Minister Garibashvili twice to do anything.

Sergo Ratiani, a member of parliament of the United National Movement, and Avtandil Demetrashvili, a constitutionalist and ex-president of the Constitutional Court, have shared their opinion about the situation in an interview with Vestnik Kavkaza.

Sergo Ratiani: “According to our view, the EU agreement should be signed by the president, not the prime minister. It is stated in the Constitution. But the whole story proves that the ruling Georgian Dream coalition is in chaos. Instead of thinking how to help the country, it is in constant discord: who will sign, who will meet a foreign guest etc. Take the recent scandal during the visit of Francois Hollande, for instance, when the prime minister’s backers were trying to persuade the French president to refrain from visiting the presidential palace. And when he expressed surprise, Prime Minister Garibashvili skipped the official lunch with the head of the French state! All this looks extremely unpleasant. Though it is comical.”

Avtandil Demetrashvili: “The declarations of the government cause bewilderment: it turns out that the president has no right to sign international treaties without the permission of the Cabinet. At the same time, they refer to the Constitution. The point of constitutional rules is different: it says that an international agreement should be approved by the prime minister before the president formalizes it. These are the principles of “contrasignation.” It means that the prime minister and the government can say: “the EU association agreement does not suit us, it is unacceptable and we do not recommend the head of state to sign it.” In that case, the president would be unable to sign the document indeed. But the government has no problems with the association agreement, it just thinks that the prime minister, not the president, should sign it. This is absolutely wrong and the president should address the Constitutional Court to resolve the dispute over the responsibility, as is often done, for example, in France.”

Georgy Kalatozishvili

Tbilisi