Main tasks of the Division:
A) Draw up and periodically update a strategic litigation plan;
B) Conduct strategic litigation before the Constitutional Court of Georgia.
Functions of the Division:
A) Draw up and periodically update a strategic litigation plan;
B) Have constant communication and periodic meetings with structural units of the Office for the purpose of developing a strategic litigation plan;
C) Draw up a report for the Public Defender/Deputy Public Defender on the implementation of the strategic litigation plan;
D) In accordance with paragraph 1 of Article 17 of the Organic Law of Georgia on the Public Defender of Georgia, determine the grounds of admissibility for the Public Defender of Georgia to apply to the Constitutional Court (both with a lawsuit and an amicus curiae (friend of the court) brief) and periodically review them (in relation to sub-paragraphs “a” and “h” of paragraph 4 of Article 60 of the Constitution of Georgia);
E) Develop guidelines in relation to the competence provided for in sub-paragraph “h” of paragraph 4 of Article 60 of the Constitution of Georgia, in order to provide citizens and persons concerned with practical information on the exercise of the above power;
F) Apply to the Constitutional Court of Georgia through strategic litigation on the basis of sub-paragraph “a” of paragraph 4 of Article 60 of the Constitution of Georgia;
G) Consider individual applications/complaints relating to the issue of applying to the Constitutional Court;
H) File a lawsuit with the Constitutional Court of Georgia, on the basis of an individual application (taking into account the admissibility criteria), in accordance with sub-paragraph “a” of paragraph 4 of Article 60 of the Constitution of Georgia;
I) Apply to the Constitutional Court of Georgia with a lawsuit relating to the competences between bodies on the basis of sub-paragraph “d” of paragraph 4 of Article 60 of the Constitution of Georgia and present the position of the Public Defender;
J) Apply to the Constitutional Court of Georgia relating to the norm regulating elections or referendum and the constitutionality of the referendum or elections conducted or to be conducted on the basis of this norm, on the basis of sub-paragraph “h” of paragraph 4 of Article 60 of the Constitution of Georgia (considering the admissibility criteria);
K) File an amicus curiae (friend of the court) brief with the Constitutional Court of Georgia in relation to a case submitted by the Public Defender of Georgia (both within the framework of strategic litigation and on the basis of an individual application);
L) Attend the sitting of the Constitutional Court of Georgia and present the position of the Public Defender of Georgia in accordance with the rules established by legislation;
M) Generalize the annual litigation practice of the Constitutional Court of Georgia and introduce it to the thematic structural units;
N) If necessary, submit an amicus curiae brief to the common court, when the issue is constitutional-legal and does not fall under the competence of other thematic structural units;
O) Participate in the meetings/discussions relating to the constitutional proceedings on behalf of the Office;
P) Participate in the process of developing a norm (the so-called overcoming norm) in exchange for a normative act repealed by the Constitutional Court on the basis of the Public Defender's lawsuit;
Q) Carry out other functions arising from the specifics of the Division’s activities.