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.