DOI: 10.20518/tjph.1904557 ISSN: 1304-1088

Judicial enforcement of tobacco control: A legal analysis of Georgia in the context of the WHO Framework Convention on Tobacco Control

Tengiz Verulava
Show PDF Cite
Objective: This study examines the role of judicial practice in tobacco control in Georgia, focusing on the extent to which legal mechanisms, particularly litigation and liability under Article 19 of the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), are utilized to protect public health.Method: The study employs normative-dogmatic analysis, comparative-legal analysis, and documentary research. A structured review of Georgian legislation, Constitutional Court decisions, and selected international case law was conducted to assess the alignment between Georgia’s legal framework and global tobacco control practices. Results: The findings demonstrate that Georgia has established a robust legislative and constitutional framework for tobacco control, with courts consistently prioritizing public health over commercial interests. However, litigation-based enforcement mechanisms-particularly liability lawsuits and public interest litigation-remain largely absent. Judicial practice is primarily limited to constitutional review and administrative enforcement.Conclusion: Despite high normative alignment with the WHO FCTC, Georgia demonstrates a significant gap in the use of litigation as a tool for public health governance. Strengthening judicial mechanisms, particularly under Article 19, is essential for advancing industry accountability and enhancing the effectiveness of tobacco control policy.

More from our Archive