SEU - Georgian National University

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Fundamental Rights

The work – Fundamental Rights’ Commentary, is a commentary on each fundamental right guaranteed under the Second Chapter of the Constitution of Georgia.

The structure of the book is prepared considering the complex nature of fundamental human rights and their constitutional legal aspects are discussed, in the broad context of the caselaw and the current scientific discourse.

More than 400 scientific literature is used in the work and up to 2000 international and national caselaw are analysed.

The authors of the book are the Doctor of Law, Professor Besik Loladze and the Doctor of Law, Professor, Anna Phirtskhalashvili.

The Professor of Iv. Javakhishvili Tbilisi State University – Giorgi Khubua is the science editor of the book.

The book was prepared and issued by Georgian National University SEU, with the financial support of the USAID Rule of Law Program.

Current challenges of the Legislative Regulation of the Issue of Disposal of Child’s Property

The need for the analysis of the legislative regulation of the issue of disposal of child’s property, also, the identification of the current challenges emerged after the legislative changes were made to the Civil Code of Georgia on September 20, 2019, which established mandatory judicial control over the disposal of minor’s property, and limited courts in the process of issuing consent by the clause of studying only the best interests of a child.

It is noteworthy that the legislator offered a new approach to the solution of the mentioned issue, which was completely new for both – the legislative space of Georgia and for its caselaw. The legislator entrusted the regulation of the legal procedural aspects of the issue of disposal of child’s property to court, which encouraged the formation of a non-uniform judicial practice. As a result, substantial difficulties emerged in terms of legislative clarity and legitimate expectation, also, the protection of the best interests of a child.

This handbook is intended not only for judges, but also for public institutions involved in the judicial proceedings, representatives of the field of science, lawyers, also, for parents, who have minors, so that the process of identification of the available instruments for the protection of child’s right will become simpler for them, and the process of decision-making will become easier court.

The handbook analyses the legislative regulation before and after the changes in terms of the protection of child’s rights; the difficulties existing in the proceedings through the analysis of the caselaw, the obstacles related to the enforcement of the court’s decision and the risks existing in the process of protection of child’s interests.

Handbook of Social Law

This work is the first attempt of issuing a handbook of social law in the independent Georgia. Just like the field of social law, it consists of two parts – general part and special part.

In the first part, the specifics of the field are defined, the scope of regulation of social law, respective terms and sources. Herewith, the development of the idea and history of social law is reviewed. The idea of a legal social state is reviewed not only in legal, but also in interdisciplinary terms. The social rights holding constitutional legal rank are thoroughly discussed. Also, the specifics of the protection of social right in a constitutional court is reviewed. The first part also includes the European dimension of social law.

The second part of the work concerns specific fields of social protection, different agency-level and territorial issues, legislative regulation of the respective social security, herewith, applying to court for administrative appeal and other processual issues.

This work is compiled in such a way to enable students to study the field of social law profoundly in a systemic way. Though, it must be noted that the work is intended not only for students, but it is also interesting for the faculty members, researchers working in this field, as well as for practicing lawyers and persons interested in social law.

Just like all works in the field of law, this handbook will also need to be updated with actual issues and in parallel with legislative changes over time. Therefore, it is actual as of February 2023.

The professors Anna Phirtskhalashvili, Ekaterine Kardava and Paata Turava have worked on this book.

A Handbook of Social Law will provide guidance for interested persons upon studying important issues of social law and it will contribute to the building of the social state determined under the Constitution of Georgia.

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