Rustavi 2 appeal: Constitutional Court suspends clause on immediate enforcement of civil verdicts

Georgia’s Constitutional Court has accepted an appeal from Tbilisi-based privately owned broadcasting company Rustavi 2 and ordered a temporary suspension of a normal clause in the country’s Civil Code after a challenge against the clause by Rustavi 2 lawyers.

Lawyers representing the TV channel challenged the clause of the Civil Code, which said a court of the first instance was eligible to order an immediate enforcement of a court verdict even if the verdict was appealed.

Application of this clause was suspended until the Constitutional Court finished discussing the appeal and delivered its final verdict.

Today’s announcement by the Constitutional Court meant Tbilisi City Court – which was currently discussing a legal dispute between Rustavi 2’s current and former owners – would not be able to order an immediate enforcement of its verdict even if the decision was in favour of a previous owner.

Tbilisi City Court was supposed to deliver its verdict and finish the ownership dispute today.

Rustavi 2’s current owners welcomed the Constitutional Court’s announcement today and said it was an "important victory” for them, while the lawyer representing the opposition said their side had no intention to ask for an immediate enforcement of the Tbilisi City Court’s verdict.

"It was Rustavi 2 TV who was speaking about it. We never demanded it,” they said.

The lawyers of Rustavi 2 appealed the controversial clause to the Constitutional Court on October 26.

The Constitutional Court’s decision about the suspension of an immediate enforcement of a verdict applied to not only the Rustavi 2 case but also to all similar disputes currently being discussed in court.

The country’s Justice Minister Thea Tsulukiani believed this decision could have a negative impact on business.

"I’m afraid this decision will have a bad impact on banks, which will no longer be able to ask for an immediate enforcement of this or that verdict,” Tsulukiani said, adding the decision would be bad for the private sector in general.