Association Agreement should be signed by the President of Georgia
The question of who should sign the association agreement with EU – the president or the prime minister – has been asked frequently of late. We would therefore like to offer an analysis of the relevant Georgian legislation.
According to Article 78 of the Constitution of Georgia, the Georgian Government led by the prime minister is the supreme body of the executive branch, responsible for implementing domestic and foreign policies.
However, Paragraphs 1 and 3 of Article 69 establish that the president of Georgia is head of the state and represents country in foreign relations. Moreover, Paragraph 1 of Article 73 grants the President the power to sign agreements in coordination with government.
The Association Agreement was initialed by a representative of the government: The minister of foreign affairs. This was an act of implementation of a decision regarding political course. As for president, being the country's representative in foreign relations and the official with the highest degree of legitimacy elected directly by the people, he has the constitutional power of representing the country at the highest level. It should therefore be the president who signs the Association Agreement.
Of course, it is possible the Agreement to be signed by the prime minister or other representative of government in case of agreement and this would not be a violation of the Constitution.
The following is a survey conducted in Tbilisi in which citizens expressed their views on this question.