By Ann Tsurtsumia-Zurabashvili (@TsurtsumiaA )
This post was originally published in Presidential Power and is available here
Giorgi Margvelashvili, 47, the fourth president of Georgia was elected in 2013 with 62 percent in direct popular vote. Prior to his presidential nomination, he served as Deputy Prime Minister and Minister for Education and Science in the government of PM Bidzina Ivanishvili. Although viewed as a non-partisan President right now, Margvelashvili was picked and nominated by Bidzina Ivanishvili himself for the ruling Georgian Dream Coalition in May 2013. With the victory of the Georgian Dream candidate in the presidential race, cohabitation, tense relations between the executive government (Georgian Dream) and the President Mikheil Saakashvili (United National Movement), came to an end. However, Giorgi Margvelashvili began a new era in the history of Georgian Presidency with the country moving from a president-centric system to a more parliamentary system. This transformation has caused dramatic changes in the intra-executive conflicts.
Background
Giorgi Margvelashvili joined the Georgian Dream government in 2012 when the coalition won the parliamentary elections. Before that, he was known as a philosopher, political commentator and an academician, who used to be the rector of the Georgian Institute of Public Affairs (GIPA). Mr. Margvelashvili graduated from Tbilisi State University in 1992 with a degree in Philosophy. Later he earned degrees from the Central European University in Prague, Czech Republic (1994) and the Institute of Philosophy of the Georgian Academy of Sciences (1996). Margvelashvili holds a PhD degree in Philosophy from Tbilisi State University.
However, 2012 was not his first attempt in Georgian politics. Margvelashvili was a member of the opposition party led by the Chairman of the Parliament, Zurab Zhvania, in 2003. Before joining the government, he advised Bidzina Ivanishvili during the 2012 parliamentary election campaign.
Constitutional Reform
The constitutional reform that was finalised in 2010 and enacted in 2013 changed the form of government in the country. Some politicians viewed the reform as shift from a presidential to a parliamentary model, while others claimed that Georgia was moving to semi-presidential system.
After the 2012 Parliamentary elections, for the first time in the history of independent Georgia, power was peacefully transferred from the ruling party to the opposition. However, this historic transition appeared to be painful for the political system. Cohabitation, or the change in the balance of power between the two branches of government, has led to confrontation between the executive government and the president.
Although cohabitation ended with Mikheil Saakashvili (2004-2013) stepping down from the office and Giorgi Margvelashvili commencing his term, intra-executive conflict has not ended.
Power of President
According to the constitution of Georgia and the amendments enacted in 2013, the President lost nearly all power over the executive government. At the same time, with the legacy set by the previous president, public perception of the institute of president was of a powerful leader and a head of the government.
Currently, the President of Georgia, Giorgi Margvelashvili is the head of state and guarantor of the country’s integrity and national independence; furthermore, he is the Supreme Commander-in-Chief of the Armed Forces and represents Georgia in foreign relations; the President leads the National Security Council, decides the issues of granting citizenship, and has the power of pardon. The President also presents the candidate for a Chairman of the government of the Autonomous Republic of Adjara and Abkhazia to the Supreme Council for approval;
Transformation into the non-partisan president
Margvelashvili expressed his disobedience to the master, Bidzina Ivanishvili, soon after his inauguration. First, he openly disagreed with the possible relocation of the Administration of the President from the Presidential Palace. The Presidential Palace, which was built during Saakashvili’s term, was strongly disliked by Ivanishvili as a symbol of UNM’s rule in the country. Instead, the PM commissioned the renovation of a new building for the President’s residence. Despite the fact that more than 10 million USD of public funds were spent on the refurbishment, Margvelashvili refused to relocate and continues to work in the Avlabari Presidential Palace to this day.
When Bidzina Ivanishvili stepped down as Prime Minister a major intra-executive conflict unfolded between the President and a new PM, Irakli Gharibashvili.
Constitutional ambiguity was demonstrated in several occasions:
In 2014, Georgia signed an Association Agreement (AA) with the European Union. The Agreement acknowledged Georgia’s progress on the path to European integration, promised a deep and comprehensive free trade with the EU, and visa-free travel.
As the highest representative in foreign relations, Margvelashvili’s administration considered that the President was the right person to sign the AA for Georgia. However, PM Gharibashvili viewed the head of the executive government as the right person to sign the document. Finally, PM Gharibashvili won the battle and on June 24, he 2014 signed the agreement on behalf of Georgia.
In 2014, participation in the UN General Assembly in New York caused another conflict between the President and the Prime Minister. As usual, Georgian delegations were headed by Presidents (Shevardnadze, Saakashvili), who also addressed the GA. However, the government decided that PM should head the delegation instead of Margvelashvili. Both offices began to plan the visit independently, without any coordination, until former PM, Bidzina Ivanishvili, accused the president of acting as a competitor to the prime minister. Soon, Margvelashvili cancelled the visit and accused the government of ignoring the constitution. (Tabula, 2014)
On Georgia’s Independence Day on May 26, President Margvelashvili sent out copies of the constitution to the prime minister, MPs, and the Supreme and Constitutional courts as a symbolic gesture calling the state institutions to respect the constitution. (A.Tsurtsumia-Zurabashvili for Presidential Power. 2015)
The intra-executive conflict faded when Irakli Gharibashvili resigned without explanation and the new Prime Minister Giorgi Kvirikashvili took office.
Gharibashvili’s successor, Giorgi Kvirikashvili, has gone out of his way to present a united front with Margvelashvili. He made a point of attending a session of the National Security Council that Margvelashvili convened in late January, whereas Gharibashvili had participated in only one of three such sessions under Margvelashvili’s chairmanship. (Radio Free Europe, Liz Fuller 2016)
New Constitutional Reform without the President
President Margvelashvili’s administration is widely engaged in the legislative process. The President has vetoed several bills. However, the ruling Georgian Dream, which enjoys supermajority in the Parliament, does not fear presidential vetoes.
Most recently, the Chairman of the Parliament, Irakli Kobakhidze, inaugurated a new constitutional commission consisting of 73 members, tasked with producing amendments to the Constitution.
As reported by Civil Georgia, the President refrained from participating in the work of the state constitutional commission because the format offered by the Parliament “obviously lacks political trust and political legitimization”.
The chief of president’s administration explained that the President wanted the commission to be co-chaired by him, Prime Minister and Parliamentary Chairman, but the ruling Georgian Dream – Democratic Georgia party rejected this proposal. (Civil.ge)
One of the issues that the constitutional commission will touch upon will be the indirect election of future presidents of Georgia.
The next Presidential elections in Georgia are due to take place in 2018. However, it is uncertain if Margvelashvili intends to participate in the race for the second term, or if he has any intention of remaining in politics.
www.president.gov.ge – official website of the Georgian President.