Comparative Analysis of the Mechanism for Enforcement of Decisions of the Constitutional Court of Georgia and Spain
Author : Sopio Ormotsadze 15/12/2025
Article ABSTRACT
Following the decisions of the Constitutional Court, the final legal result is drawn up, the guarantee of the execution of which is an important prerequisite for evaluating the effectiveness of the court's activities. Taking into account the role and powers of the Constitutional Court, by which it has a significant impact not only on individuals but also on branches of government, including political bodies, it is important to have solid guarantees of enforcement of decisions, to avoid neglecting the constitutional standards established by the decision or the arbitrariness of state and political bodies, so as not to enforce court decisions or to leave regulations similar to the legally norm known as unconstitutionality in the legislation. The paper examines the legal foundations for the enforcement of decisions made by the Constitutional Courts of Georgia and Spain through a comparative research methodology.
The research concludes that the legal guarantees of the enforcement of the Constitutional Court of Georgia are quite weak, which is reflected in the non-enforcement of its decisions, protracted or improper execution. In contrast, the authority of the Spanish Constitutional Court is considerably strong, which was preceded by its historical challenges of the Constitutional Court regarding the non-compliance with its decisions. The Spanish model of decision enforcement is quite robust and consistent with international standards. Therefore, the paper offers recommendations that will improve the process of constitutional justice in Georgia.
Key words: Constitutional Court, enforcement of decisions, solid and predictable mechanisms.
Article DOI: https://doi.org/10.55367/QAOB3091