RE: The Georgian Election31 Mar 2021 10:04
31.03.2021 / 01:29AA
The mediator's document states that all current appointments to the Supreme Court should be stopped and applications for new candidates resumed.
The mediator's document states that all current appointments to the Supreme Court should be stopped and applications for new candidates resumed.
In this parliamentary term, as a first step on the path of large-scale, inclusive and all-party reforms, the parliament must approve an ambitious judicial reform, said mediator Christian Danielson in a proposal to Georgian political parties today.
The document, published by the EU Delegation, states that all ongoing appointments of judges to the Supreme Court should be suspended and that applications for new candidates should be resumed once the new law enters into force; And in-depth reform of the High Council of Justice.
"To increase the independence, accountability and quality of the judiciary, the Georgian government, in accordance with the two packages of judicial reforms adopted in 2017 and 2019:
(A) The appointment of judges to the courts of first instance and appellate courts should increase transparency and merit-based selection, in particular by publishing written justifications for the appointment of judges based on good faith and competence criteria;
B) should submit to the Parliament a draft law on appointments to the Supreme Court, taking into account the Venice Commission Opinion # 949/2019 of June 24, 2019, especially regarding the step-by-step approach to appointments, open voting in the High Council of Justice and the need for substantiation
C) should refrain from appointment in accordance with the rules of the Supreme Court;
D) adopt the legislation enforcing the decision made by the Constitutional Court of Georgia in June 2019, by establishing rules for publishing court decisions.
At the same time, all ongoing appointments to the Supreme Court should be suspended and resumed applications for new candidates even after the new law enters into force.
In-depth reform of the High Council of Justice to increase transparency, good faith and accountability, including issues of appointment, evaluation, promotion, transfer, disciplinary decisions and disputes, sent to the Venice Commission and the OSCE Office for the Coordination of Human Rights and "Their recommendations must be fully implemented," the document reads.