Competences of the President of Georgia in the Field of Defense and Security: Problems and Future Perspectives

Abstract

This paper examines the amendments made to the country’s main law on October 13, 2017, the limited powers of the President as the Commander-in-Chief, the problems that have arisen, ways to address them, and the expected outcomes. Particular attention is paid to the competences of the Commander-in-Chief of the Armed Forces, such as declaring a state of emergency or martial law and making decisions on the use of defense forces. As a result of the aforementioned constitutional amendments, the authority to make decisions on the use of defense forces has been entirely removed from the President’s powers, while the exercise of competences related to declaring a state of emergency or martial law is only possible in coordination with the executive branch.

The study, analysis, and reasoned conclusions of the problematic issues provide an answer to the question of whether, under a parliamentary system and given the President’s limited powers, the Head of State and Commander-in-Chief of the Armed Forces can, if necessary, make decisions regarding the use of defense forces and independently declare a state of emergency or martial law without coordination with the government.