One Year of the de facto State of Emergency in Georgia and Human Rights During Pandemic

According to the first paragraph of Article 36 of the Constitution of Georgia, “The Parliament of Georgia is the supreme representative body of the country that exercises legislative power, defines the main directions of the country’s domestic and foreign policies, controls the activities of the Government within the scope established by the Constitution, and exercises other powers”. [...] Parliament and Government of Georgia") The delegation of the Parliament of Georgia to the executive branch was declared unconstitutional in the part related to the delegation of the regulation of freedom of labor. [...] Namely, the condition for the exercise/restriction of the powers delegated is the observance of the constitutional principle of proportionality and equality.14 Most of the legal restrictions and other temporary regulations in force during the pandemic are contained in the Ordinance N322 of the Government of Georgia of May 23, 2020 “On the Approval of Isolation and Quarantine Rules”. [...] The Government informed us that the decisions and recommendations of the Council are reflected in the legal acts and referred us to the Legislative Herald of Georgia to seek them.20 The same follows from the analysis of the composition of the Council. [...] One such document is the conclusion adopted by the Venice Commission in 2016 on the legislation regulating the curfew.28 Due to the essence of the curfew, it primarily affects the right to free movement, although the effects of the curfew go far beyond the scope of freedom of movement in the sense that it has an impact on other rights of the person.