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2007 Assessment

Georgia: Integrity Indicators Scorecard

Georgia: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	75
30	Are there regulations governing conflicts of interest by members of the national legislature?	32
31	Can citizens access the asset disclosure records of members of the national legislature?	67
32	Can citizens access legislative processes and documents?	83

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments:

References: Constitution of Georgia, art.89 Law of Georgia on Constitutional Court from 1997; Law of Georgia on Constitutional Proceedings, from 1997

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: Due to the transfer of the seat of the Constitutional Court of Georgia from the capital to Batumi, there have been tremendous delays in considering constitutional issues. Usually, the Constitutional Court is reluctant to declare laws unconstitutional, and whenever it does so the legislature does not obey.

References: See debates May-June, 2007, after the May 18 decision of the Constitutional Court to abolish part of a law that was unconstitutional. Parliament has adopted similar regulation once again.

Peer Review Comments: The Constitutional Court recently changed membership. The old court was more independent in its acceptance of cases and its rulings. At that time, the problem was that the parliament or the executive branch did not enforce the court's judgments.

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments:

References: Constitution of Georgia Law on Members of Parliament Procedural rules of Parliament Criminal Procedure Code

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments:

References: Law of Georgia on the status of Members of Parliament Procedure rules of the Parliament Law of Georgia on Conflict of Interests and Corruption

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: No such regulation exists.

Peer Review Comments: GOG is working on draft amendments that includes post-employment restrictions.

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: MPs can accept annual gifts worth of five times the minimum living, that is five times US$73.

References: Procedure rules of the Parliament; Law of Georgia on Conflict of Interests and Corruption; Criminal Code of Georgia, art.340

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments:

References: No regulations exist.

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments:

References: There are no regulations.

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments:

References: This is not effective, as there is no audit mechanism available.

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments:

References: No legal regulation exists, thus it is never done voluntarily.

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments:

References: General Administrative Code of Georgia, Chapter 3, Freedom of Information Law of Georgia on Conflict of Interests and Corruption

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: It takes form 10 days to a month to get the information requested. Usually one gets complete information, but delays are normal. For example, I have all information on my desktop but it took long explanations and exchanges of letters why it was legal to request electronic copies of all information available on the subject.

References: No reports on delays and any particular problems have been reported.

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: It takes only the costs of photocopying. Asset disclosure forms are long and voluminous. Although electronic versions exist, those are not easily accassible. My exercise took two months of letter exchanges between the agancy and myself explaining the legal rights as to the forms of information transfer. After that, we have been clarifing the issue of costs, as they have been asking the same price as for copies, although this is not legal and there should be a separate cost for electronic information. Unfortunately, the law only says "the cost of photocopying" and our agencies tend to undestand laws letter by letter when is suits them.

References: There have been no reports of abuse of legal regulations.

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments:

References: Constitution of Georgia, art.24 General Administrative Code, ch.III Procedure Rules of the Parliament

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: Of all state institutions, Parliament is the most open in terms of freedom of information.

References: There have been no reports on delayes or special problems.

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: One pays only photocopying costs.

References: There have been no reports on abuse of legal regulations.