Signing is only the first stage of a treaty's life — ratification gives it binding force.

The treaty is signed by the executive branch, but Parliament gives it binding force for the country. It is precisely in this distinction that the constitutional logic of an international treaty lies — and why, in a dispute with a foreign contractor in a Georgian court, one may directly rely on a provision of the treaty.

Two Different Stages

A treaty is concluded on behalf of Georgia by the President with the consent of the Government, or by the Prime Minister (Subparagraph "a" of Paragraph 1 of Article 52 and Paragraph 3 of Article 55 of the Constitution). This does not yet mean that the treaty has become part of the country's law.

The second stage belongs to the Parliament: Ratification, denunciation, and revocation are carried out by the Parliament by a majority of its total membership (Paragraph 1 of Article 47). Signing is a political step, ratification — a legal one.

When is Ratification Mandatory

Apart from cases where ratification is provided for by the treaty itself, Paragraph 2 of Article 47 of the Constitution specifies five mandatory cases. These are treaties which:

  • provide for Georgia's accession to an international organization or an intergovernmental union;
  • are of a military nature;
  • concern the territorial integrity of the State or the alteration of the state border;
  • relates to state borrowing or lending;
  • requires the amendment of domestic legislation or the adoption of laws necessary to fulfill the undertaken obligations.

The last point applies most frequently in practice: treaties on the avoidance of double taxation, investment protection, legal assistance, and extradition almost always require alignment with domestic legislation.

Three-fourths — the only exception

The increased threshold of votes applies to only one category. territorial integrity and the alteration of state borders Ratification, denunciation, and annulment of a treaty concerning these require the support of at least three-fourths of the total composition of Parliament. For the remaining four cases, an ordinary majority is sufficient.

Constitutional control — a blocking mechanism

If a claim or submission regarding the constitutionality of a treaty has been lodged with the Constitutional Court, ratification shall not be allowed prior to the rendering of the court decision (Article 47, Paragraph 4). The right to file a claim is held by the President, the Government, or at least one-fifth of the Members of Parliament (Article 60, Paragraph 4, Subparagraph 'e'). This is a rare case where even an opposition minority can temporarily suspend the process.

Treaties that do not require ratification must still be submitted to the Parliament (Article 47, Paragraph 3) — parliamentary control is never completely disabled.

What force does a ratified treaty have

According to Article 4, Paragraph 5 of the Constitution, an international treaty of Georgia, unless it contradicts the Constitution or a Constitutional Agreement, has superior legal force over a domestic normative act. That is, above the law — yes; above the Constitution — never.

What does this mean in practice: If Georgian law and a ratified treaty conflict with each other, the court must apply the treaty. That is why referencing a double taxation or investment protection treaty is often a stronger argument than a provision of domestic legislation — provided, however, that it is first verified whether the treaty with the specific state is in force and whether it has been ratified.

Conclusion

An international treaty is not merely a diplomatic document — it is part of the country's applicable law, with force superior to the law. Before relying solely on Georgian legislation in relations with a foreign partner, it is worth checking whether there is an applicable bilateral treaty that regulates the issue differently.

Nikoloz Pkhaladze

Attorney at Law · Founder, Managing Partner

24g Al. Kazbegi Ave., AXIS, 10th Floor, Tbilisi · +995 597 117 795 · www.pkhaladze-law.ge