FCTC Implementation and Monitoring Center v. Parliament of Georgia
The Framework Convention on Tobacco Control Implementation and Monitoring Center in Georgia brought a constitutional claim registered under Article 441 to the Constitutional Court of Georgia on 16 November 2007.
In the opinion of the claimant, the existence of an incomplete legislative framework in connection with the control of tobacco products in Georgia violates the rights protected by the Constitution of life and health in a healthy environment. This leads to the increase of deaths due to the number of smokers and tobacco consumption. The goal of the Framework Convention on Tobacco Control Implementation and Monitoring Center in Georgia is to monitor the implementation of the Framework Convention on Tobacco Control (FCTC). The fact that Georgian legislation does not comply with the requirements of the FCTC and other international agreements prevents the applicant organization from carrying out its objectives in full.
The Constitutional Court declined to consider the claim, noting that the Court's role is to define the Constitution and not international agreements and treaties. The Court also concluded that the discussion of the requirement of immediate implementation of the FCTC was beyond its competence.
Framework Convention on Tobacco Control Implementation and Monitoring Center against the Parliament of Georgia (2008).
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.
A violation of the right to live in a safe and healthy environment.
Type of Tobacco Product
None
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"As noted, the applicant in the constitutional claim indicates the incompatibility of the disputed norms with other legislative norms as well as the international agreement. The Constitutional Court considers that considering these issues within the scope of Article 89 § 1 of the Constitution of Georgia is impossible and beyond its competence. The Constitutional Court of Georgia has indicated that this provision of the Constitution of Georgia is a special norm and does not provide for determination of compliance with the international agreements of normative acts. The only act under which the Constitutional Court examines the constitutionality of the norm is the Constitution of Georgia and the Constitutional Court's task is to define the constitution and not the international treaties and agreements. (Decision # 2 / 2-389, II, 5)."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The Framework Convention on Tobacco Control Implementation and Monitoring Center in Georgia brought a constitutional claim registered under Article 441 to the Constitutional Court of Georgia on 16 November 2007.
In the opinion of the claimant, the existence of an incomplete legislative framework in connection with the control of tobacco products in Georgia violates the rights protected by the Constitution of life and health in a healthy environment. This leads to the increase of deaths due to the number of smokers and tobacco consumption. The goal of the Framework Convention on Tobacco Control Implementation and Monitoring Center in Georgia is to monitor the implementation of the Framework Convention on Tobacco Control (FCTC). The fact that Georgian legislation does not comply with the requirements of the FCTC and other international agreements prevents the applicant organization from carrying out its objectives in full.
The Constitutional Court declined to consider the claim, noting that the Court's role is to define the Constitution and not international agreements and treaties. The Court also concluded that the discussion of the requirement of immediate implementation of the FCTC was beyond its competence.