Constitutional Submission N177

The constitutional proceeding originated from an employment dispute instituted before the District Court of Tbilisi by a Georgian citizen against the International Committee of the Red Cross (ICRC). The respondent organization did not appear in the proceeding, invoking its jurisdictional immunity pursuant to the Seat Agreement concluded between Georgia and the ICRC.

The District Court filed a submission to the Constitutional Court, considering that the provision of the Seat Agreement, conferring on ICRC immunity from legal process, could violate the constitutional provisions enshrining the right to legal protection and the right to judicial remedies.

The Constitutional Court found no conflict between the Agreement and the national Constitution. As it held, the treaty-based immunity granted to ICRC does not infringe the right to a remedy protected under the Constitution. The Court clarified that ICRC, as well as other international organizations, is not entitled to absolute immunity. By contrast, the Agreement provides ICRC with such privileges and immunities as are necessary to ensure its independent functioning. According to the Court, disputes concerning employment relationships are out of the scope of such functionally limited immunity.