Constitutional Court upholds claim No. 1481: Gia Poladishvili v. Parliament of Georgia
Published by GLIP
We are pleased to report that the claim brought by GLIP member Gia Poladishvili against the Parliament of Georgia was upheld.
The dispute concerned the constitutionality of Article 186(1)(h) of the Civil Procedure Code of Georgia in relation to Article 31(1) of the Constitution of Georgia. Under the contested provision, a judge would refuse to admit a claim if it had been filed in breach of the requirements laid down by the Civil Procedure Code.
The claimant argued that the provision allowed a judge to reject and return a claim without considering its merits, regardless of the nature of the defect. In the claimant’s view, parties should be given additional time to correct certain technical inaccuracies or deficiencies. Instead, the challenged rule imposed a blanket refusal to admit a claim, disproportionately restricting the right to a fair trial, delaying proceedings and discouraging individuals from pursuing litigation.
The respondent maintained that the rule required claims to comply with the law, preventing courts from being overburdened with unfounded or defective claims, avoiding abuse of the right of access to a court and ensuring procedural economy. On that basis, the respondent argued that the constitutional right to a fair trial had not been violated.
The Constitutional Court explained that the Civil Procedure Code establishes a broad range of requirements for a properly prepared claim. Breaches of those requirements can affect the completeness of a claim and the formulation of the relief sought in different ways. Some errors may require corrections equivalent to submitting a new claim, while other deficiencies can be clarified or remedied through simple communication with the party. The Court found that the contested provision required refusal to admit a claim regardless of the type of error, thereby restricting the right to a fair trial.
