Georgia 1995 Constitution (reviewed 2018)

Chapter Nine. Local Self-Government

Article 74. Bodies, boundaries, legal basis of local self-government

1. Citizens of Georgia shall regulate issues of local importance through representative and executive bodies of local self-government. Representative bodies shall be elected on the basis of universal, equal and direct suffrage by secret ballot. Executive bodies shall execute the decisions of the representative bodies and shall be accountable to them.
2. A self-governing unit is a legal entity under public law. Decisions on the creation, abolishment or changing the boundaries of a self-governing unit shall be taken by Parliament upon recommendation by the Government and in consultation with relevant self-governing units.
3. Local self-governance shall be carried out in accordance with the procedures established by the organic law.

Article 75. Powers of self-governing units

1. The powers of the state authorities and the self-governing units shall be separated.
2. Self-governing units shall be authorised to take decisions, on their own initiative and in compliance with legislation, on all matters that do not fall within the exclusive powers of the State or of the autonomous republics, and which are not excluded from the powers of self-governing units by law.
3. A self-governing unit shall exercise its powers independently and be responsible for doing so within the ambit of the legislation of Georgia. A self-governing unit’s powers, as defined by the organic law, shall be full and exclusive.
4. The State shall delegate powers to a self-governing unit on the basis of a legislative act or agreement by transferring the appropriate material and financial resources.
5. The state authorities shall exercise legal supervision over the activities of a self-governing unit. To ensure that relevant decisions are made, the supervision of the activities of a self-governing unit shall be permissible only with respect to decisions made on the basis of delegated powers. State supervision shall be exercised in accordance with the procedures established by the organic law and in accordance with the principle of proportionality.

Article 76. Guarantees of local self-government

1. A self-governing unit shall have its own property and finances.
2. A self-governing unit shall define its organisational arrangement independently and in accordance with the organic law, and shall take decisions on staff-related issues independently, in accordance with the organic law and legislation regulating civil service.
3. A self-governing unit shall be entitled to co-operate with other self-governing units to exercise its powers, in accordance with the procedures established by the organic law. A self-governing unit shall be entitled to join unions of self-governing units, in accordance with the procedures established by the organic law.
4. The state authorities shall take decisions on issues related to local self-government in consultation with self-governing units. The procedure for consultations shall be determined by the organic law.
5. Decisions made by the bodies of local self-government within the scope of their competence shall be binding in the territory of respective self-governing units.