State Inspector Appeals Law Abolishing State Inspector’s Service in Constitutional Court
By Khatia Bzhalava
Wednesday, January 26, 2022
Georgian State Inspector Londa Toloraia has filed a constitutional complaint with the Constitutional Court appealing the law abolishing the State Inspector’s Service and replacing it with two new agencies.
Toloraia said her appeal requested an immediate suspension of the appealed norms before the Constitutional Court makes a final decision on the case, claiming that the enactment of the disputed norms will lead to irreparable consequences for the State Inspector. According to the legislation, adopted on December 30, 2021, the State Inspector’s Service will be abolished from March 2022 and the new agencies will be formed instead.
According to the Georgian Young Lawyers Association (GYLA), Toloraia was appointed State Inspector by the Parliament of Georgia on July 3, 2019, for a term of 6 years, however, under the disputed norm the authority of Toloraia was terminated after 2 years and 8 months. GYLA notes that the new law contravened Article 25 of Georgia’s Constitution, according to which "every citizen of Georgia has the right to hold any public position if they meet the requirements established by law.”
According to the Constitutional Court of Georgia, to terminate the term of office of state officials, it is necessary to have an increased public interest following the requirements of the Constitution. As Toloraia notes, the lawmakers will have to present proof of legitimate public interest in restricting Article 25 of the Constitution.
The Parliament of Georgia named the conflict of interests as the basis for the expedited dismissal of the State Inspector. According to Toloraia, the MPs have not also proved that there was indeed a conflict of interest in the State Inspector having assumed both investigative and data privacy protection mandates and even if there was such a legitimate reason, Toloraia believes that she should have been allowed to continue working as head of the Personal Data Protection Service or the Special Investigation Service until her term ends.
The ruling party claims that the replacement of the State Inspector’s Service with two new agencies will strengthen the body and add functions to it, noting that the authority of the State Inspector’s Service ‘has been broadly expanded’. The selection commission for choosing the chairpersons of the newly established bodies has been formed and began working on Monday.
