According to the paragaraoh-7 of the article – 25 the law of Georgia “About normative acts”, we - “young barristers” address to the president of Georgia to apply the authority and annual the changes in normative act “About ratification the rule of removal from consulate register and making register in consulate” in accordance with the order # 158 made on 11th of July, 2012 by the minister of foreign affairs of Georgia, on the base of which about million citizens of Georgia being abroad will be obliged to give a notification from the place of residence in abroad to the consulate causing hard result for Georgia in two directions:
1. Georgia takes out the juridical base of living and working abroad from compatriots being far from their country due to economical grievous situation and gives directly the illegal status creating the base of their deportation.
2. Georgia limits constitutional right of compatriots being abroad to have political-legal relationship with Georgian state and participate in parliamentary, presidential or/and self-governing elections.
From the standpoint of “young barristers”:
1. The order of the minister presents anticonstitutional act and
2. directly violates the main preconditions of the agreement about readmission formed in 2011 between Georgia and European Union, in accordance of which, such activities should be carried out on the base of reciprocity principle by activation of quick and effective procedures, by identification of the citizens and for the purpose of their safe and organized returning that lacks logic and necessity in accordance with the preconditions of changes.
The order of the minister makes obvious danger for losing the citizenship of the citizens of Georgia, as according to the law “About the citizenship of Georgia” (article 32, paragraph “b”) the person will lose the citizenship of Georgia if he constantly lives abroad and isn’t registered in the consulate for two years. This danger is quite real, as there are countries the legislation of which doesn’t take into consideration so called notification from the place of resistance. That’s why such change made by the minister may cause the citizens of Georgia living in such countries lose their citizenship. Besides, the citizens of Georgia living abroad are authorized to make registration in consulate that present help calculation of the citizens of Georgia living abroad temporarily or constantly and the law explains, that non-presentation of the document proving the legality of being in foreign country can’t be the base of refuse for registration in consulate and the order of the minister resists the demand of this law directly and the Election Code of Georgia points that the citizens of Georgia living abroad have right to participate in the elections of Georgia nevertheless they are registered in the consulate or not and if they are registered in district elective commission or consulate establishment made in foreign country not later that 21st day till the elections. The order of minister takes out the legislative content from all this legal availability.
Changes taken by the minister of foreign affairs of Georgia are political decisions and they may be assessed as punishment activity towards the Georgian Diasporas who made periodical systematic actions against ruling political party of Georgia before parliamentary elections of 2012. The order of minister doesn’t have other explanation and supposition. If the state of Georgia doesn’t refuse the changes limiting the constitutional rights of compatriots being in abroad, we should think that there will start the process of massive deportation of the illegals into their home-countries that will aggravate political and social situation existing in the country even more and the state will face the social crisis.
