The Venice Commission has published an generally positive opinion on the Georgian government’s proposal for constitutional reforms. The reforms were proposed after the governing Georgian Dream party won 115 seats in the 150 member legislature in elections, slightly more than the three-quarters majority required to amend the document.
Specifically, the amendments propose repealing direct elections to the Presidency, replacing it with election by a 300-member electoral college composed of members of the national legislature and local councillors. In addition, most of the powers of the Presidency are stripped. This creates a parliamentary system, with a Prime Minister only removable through a constructive vote of no confidence.
The previously unicameral legislature will be replaced, nominally, with a bicameral legislature, comprised of a Senate and a Chamber of Deputies. However, the Senate specifically includes members elected from Abkhazia, currently under the control of a separatist government, and is only to be created after “appropriate conditions have been created throughout the territory of Georgia”. This would seem to imply that the chamber can only be created when Abkhazia returns to government control, and the Venice Commission’s report confirms that they understand its creation will be delayed.
In addition, there are changes to the electoral law. The existing mixed-member majoritarian system with a roughly even split between single-member constituencies elected using the two-round system and party-list PR with a 5% threshold will be replaced with a system of list PR only, still with a 5% threshold. While there is little elaboration, the document does specify that seats shall be allocated by the Hare quota, but instead of allocating seats by largest remainders, all remaining seats are allocated to the largest party (a method used in Greece in one of their endless electoral system changes).
The change bears some resemblance to the relatively recent amendments in Armenia. Like Georgia, a semi-presidential system with a legislature elected with a mixed-member system transitioned into a parliamentary one with a legislature elected under a list system with a bonus (though Armenia’s bonus is somewhat more elaborate, and guarantees a majority government in one form or another). While drawing broad conclusions off two examples is obviously bound to be, these two results may suggest that there is a shift away from politics centred around an all-powerful directly elected presidency, and towards more party-based politics.
A more tenuous argument along these lines could be made in relation to the electoral system. In both cases (along with Kyrgyzstan, which actually moved from single-member districts to MMM to party list), a system in which individual candidates were an important part of legislative elections (especially in the years shortly after independence) has been replaced by a system in which parties are the dominant actors. On the other hand, the pendulum has moved the other way elsewhere in the region, in Russia and the Ukraine.
The President, though endorsed by the Georgian Dream party at the 2013 election, does not appear to have been overly enthusiastic about the landslide victory. The Venice Commission did express some concerns about the power of a government with an overwhelming parliamentary majority, but that seems less likely in Georgia than in Armenia, owing to the more proportional system.